What can I do regarding harassment by a member of my HOA?
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What can I do regarding harassment by a member of my HOA?
I am a homeowner in a condo setting, I have lived here over 20 years. I caught a new HOA board member peeping in windows and back gates and asked him to step down he refused, instead he is making my life hell. He has locked me out of our community pool house when I used the power while I am at the pool. Now he has removed a hose that I use to keep the pool deck cool (it reaches over 120 during the summer). I burned my feet getting out of the pool yesterday (not enough to go to the doc but enough that my feet still tingle today). We pay a HOA dues of over $200 that include property electric and water, yet he says that I have no right to the use at the pool and they don’t have to provide it to me. Can I sue them?
Asked on June 6, 2014 under Personal Injury, Arizona
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 9 years ago | Contributor
1) You may be able to sue the HOA, based on the actions of its board member, for violation of their fiduciary duties to you and/or breach of contract (e.g. the HOA agreement); review the HOA agreement and any other relevant documents (e.g. a master deed), and if they are not providing you access, services, amenities, etc., you may have a cause of action.
2) You could also report this person to the police for trespassing, harassment, and/or being a peeping tom.
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