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Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Consumer Protection Law
Satisfied Customers: 117370
Experience:  Attorney experienced in commercial litigation.
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I am my hoa's president. I just ran into a situation where

Customer Question

I am my hoa's president. I just ran into a situation where one resident didn't like that another resident was using a common lawn for their dog to go the bathroom on. The owner with the dog has been cleaning up after the dog. The owner with the complaint has been yelling and swearing at the owner with the dog. The owner with the dog is an elderly couple. What can the board do to intervene without overstepping the bylaws
Submitted: 1 year ago.
Category: Consumer Protection Law
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
Legally as a board you should approach this cautiously relying only on the bylaws.
So, disruptive behavior and criminal conduct by residents is likely against the bylaws. Thus, a polite response to both parties is the best tactic.
First, to the party complaining about the elderly couple. You need to inform them you have received their complaint and that the conduct complained of does not violate the bylaws, but you will give notice to the other residents to remind them to continue to curb their pet and pick up after it. You also need to inform them that verbal confrontations can be violations of the law and can lead to the involvement of local law enforcement and if such behavior is occurring it should cease.
To the elderly couple you should inform them that they are reminded to continue picking up after their dog and that if they are threatened or intimidated they have a right to call local law enforcement for protection.
Customer: replied 1 year ago.
Would you suggest doing this in person or by mail?
Customer: replied 1 year ago.
if by mail should it be a certified letter?
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your reply.
Doing it in person gives you proof they received it. However, it is sufficient to do so by priority mail with delivery confirmation.