CASE DECISION HIGHLIGHTS HOA’S NEED FOR HARASSMENT COMPLAINT POLICY

This case involved a dispute over claims of harassment between neighbors in a community governed by a homeowner’s association in which the owner alleging harassment was a member of the Association’s board of directors. He sought a restraining order against his neighbor who he alleged repeatedly approached his home, sometimes late at night, sometimes near bedroom windows, while holding a phone or recording device. He documented more than 20 incidents on video.

The trial court granted a three-year restraining order designed to provide safeguards for both the plaintiff and his partner. The neighbor appealed contending that the factual findings made by the judge did not support the granting of the civil harassment restraining order, and that her Constitutional rights to procedural due process were violated.

The appellate court found that sufficient evidence had been presented to: