What actions can be taken if another board member of my HOA is doing things around the property that are not authorized?

For example, planting grass and leaving the community sprinklers on literally all day long. And when asked to turn the water off he replies with vulgar ‘f’ words and threats. We’re both on the board and he has taken things in his own hands so to say and is out of control. What can I and other board members do to get him to stop besides having a meeting with him because that is not working. Is there legal actions we can take?

Asked on May 28, 2018 under Real Estate Law, Arizona

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 2 years ago | Contributor

Board members are not themselves exempt from HOA rules: if he is violating any of the by-laws, rules, etc., you can take the same actions against him you could take against any resident.
If he violates municipal ordinances or criminal statues, you can also file a police report against him. For example, depending on the nature of his threats and how loud or disruptive he is, he may be committing some disorderly persons offense.


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