Barker Martin

Condo-HOA Blog - Law Enforcement

That's an Association Issue… or is it?

It is a common misconception that community associations assume complete and exclusive authority over all people, property, actions and grievances within their community. Sometimes it's an owner misconception that their clogged sink or running toilet is an association issue. Sometimes it's the pure neighbor vs. neighbor dispute. But sometimes, it can be more serious. I was reminded of this recently when (allegedly) one unit owner intentionally threw a rock threw their neighbor's window while verbally harassing the occupants. Local law enforcement was called and decided… it was an association issue. Think about that for a minute. There was probably, almost certainly, a violation of the Association's governing documents but there was also a crime committed. A crime is no less a crime when committed within a community association and those best trained and suited to address such activity are law enforcement – not board members or homeowners and not the association manager. It's important that community association volunteers and service providers remain cognizant of this fact for the safety of everyone involved. Safety is of paramount importance but it's also important to consider the liability you assume if you do take on the role of "law enforcement." As legal counsel, we often help Associations evaluate their authority, options and obligations in difficult situations and, when needed, we're here to be their advocate. read more

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