Samouce & Gal, P.A.
  • Attorneys
    • Robert C. Samouce
    • Alfred F. Gal, Jr.
    • Stephen E. Samouce
  • News
  • Resources
  • Contact
  • Home
  • Menu Menu
  • Link to Facebook
  • Link to LinkedIn
Condominium Associations

Regulations requiring civil discourse in your community

August 31, 2019/in Condominium Associations, Condos and HOA's, Homeowners Associations

For whatever reason we are getting more and more complaints from Associations that a resident is yelling and cursing at other residents either in person, on the property, or by use of nasty e-mails. Such conduct is very disturbing to many and they then ask us what they can legally do about it to get the person to stop.

Although most Condominium and Homeowners’ Associations have “nuisance” provisions in their governing documents which allows the Association to take legal action if a resident is causing a nuisance as defined in their documents, usually the nuisance provision only concerns matters such as playing music loud after hours or having loud parties with lots of noise and cars.

However such nuisance provisions usually do not cover people using profanity or personally acting abusive or threatening against other residents while on property or in e-mails or letters.

In order to beef up the nuisance language to cover vulgar and nasty behavior, we have found adding something like the following to the Declaration of Condominium or Declaration of Covenants will do the trick: “No owner, tenant or guest may disturb any other owner or resident with the use of profane, obscene, threatening or abusive comments either orally or in writing or by their conduct on the property that is abusive or threatening.”

Such an amendment will require a membership vote. However, once approved, it will be much easier for the Association to bring legal action against the owner for violation of the new nuisance provision by the owner or their guest or their tenant. If such legal action becomes necessary, per statute, the owner will be responsible for the Association’s prevailing party attorney’s fees.

Although it still is pretty rare for a community to have many residents who act is such an unsavory manor, we see that the ones who do seem to be getting bolder and bolder with the intensity of the vulgarity, rudeness, aggressive and threatening manner.

Sometimes we will see that nasty e-mails are written late at night, when the drafter can hide behind their video monitors and then the next day when they are confronted in person, they act a bit more pleasant.

Others don’t seem to give a flip and will spew venom loudly and often at anyone or everyone.

Many times Board members or management will try to talk with the vile folks in a reasonable manner and many times such attempts at being civil will go nowhere. Directors need to understand that usually they are not usually dealing with an individual with a normal personality. Maybe no one ever taught them that they can get win more with honey than with vinegar. The Directors have no legal obligation to respond to nasty e-mails and letters from fellow residents.

Sometimes law enforcement has to be called to remove these bad actors from Association meetings, prevent them from joining the meeting, or to protect residents being threatened. Residents should not hesitate to contact the police or sheriff’s office if they are physically threatened or assaulted. Usually law enforcement will have a chat with them so they understand that such behavior must stop and if warranted, they will be arrested.

Rob Samouce is a principal attorney in the Naples law firm of Samouce & Gal, P.A. He is a Florida Bar Board Certified Specialist in Condominium and Planned Development and concentrates his practice representing condominium, cooperative and homeowners associations in all their legal needs including the procedural governance of their associations, covenant enforcement, assessment collections, contract negotiations and contract litigation, real estate transactions, general business law, construction defect litigation and other general civil litigation matters. This column is not based on specific legal advice to anyone and is based on principles subject to change from time to time.
Share this entry
  • Share on Facebook
  • Share on X
  • Share on WhatsApp
  • Share on Pinterest
  • Share on LinkedIn
  • Share on Tumblr
  • Share on Reddit
  • Share by Mail
https://www.sandglawfirm.com/wp-content/uploads/2020/03/Condominium-Associations-2.jpg 421 843 Robert C. Samouce https://www.sandglawfirm.com/wp-content/uploads/2020/02/Samouce_Gal_Logo.jpg Robert C. Samouce2019-08-31 10:27:462020-03-14 05:30:12Regulations requiring civil discourse in your community

Latest News

  • Florida Legislature
    HOA House Bill 1203 Becomes LawAugust 12, 2024 - 2:10 PM
  • Florida Legislature
    Condo House Bill 1021 Becomes LawAugust 1, 2024 - 1:35 PM
  • Condominium Associations
    “Surfside” Condo Bills SB 4-D and SB 154 are Law of the LandJuly 1, 2023 - 11:10 AM
  • Condominium Associations
    Do you need to have a “physical place” for your association meetings?October 1, 2022 - 1:21 PM
  • Condos and HOA's
    Your assigned condo parking space may be more valuable if it is transferableSeptember 3, 2022 - 1:23 PM
Search Search

Categories

  • Condominium Associations
  • Condos and HOA's
  • Homeowners Associations
  • Hurricane Protection
  • Property Insurance

Archives

  • 2024
  • 2023
  • 2022
  • 2021
  • 2020
  • 2019
  • 2018
  • 2017
  • 2016
  • 2015
  • 2014
  • 2007

Disclaimer

The hiring of a lawyer is an important decision that should not be based solely upon advertisements. Before you decide, ask us to send you free written information about our qualifications and experience. This web site is designed for general information only. The information presented at this site should not be construed to be formal legal advice nor the formation of a lawyer/client relationship.

Latest News

  • Florida Legislature
    HOA House Bill 1203 Becomes LawAugust 12, 2024 - 2:10 PM
  • Florida Legislature
    Condo House Bill 1021 Becomes LawAugust 1, 2024 - 1:35 PM
  • Condominium Associations
    “Surfside” Condo Bills SB 4-D and SB 154 are Law of the LandJuly 1, 2023 - 11:10 AM

Our Location

Samouce & Gal, P.A.
3060 Tamiami Trail North, Suite 202
Naples, FL 34103

Phone: (239) 596-9522
Map: Click Here

© Samouce & Gal, P.A., All Rights Reserved. | Website Hosting & Web Development by RAD TECH
  • Link to Facebook
  • Link to LinkedIn
  • Attorneys
  • News
  • Resources
  • Contact
  • Home
Scroll to top Scroll to top Scroll to top