Homeowner association manager has anger management issues
Los Angles Times
Donie Vanitzian
21 June 2015
Question:
Our association has serious problems with a female manager
assigned to our account by the management company. Management will not
remove her, and the majority male board directors say they "like her."
Owners who visit the association's office are subjected to her yelling
and screaming; anyone protesting is threatened with calls to security
if they don't leave. She yells at owners during the board meetings'
open forum, taking time away from speakers.
Intent on preventing me from raising issues as board treasurer
regarding reserves and finances, she repeatedly interrupted me, then
became combative and argumentative against me in front of our certified
public accountant. She didn't want me contradicting information she
previously gave to the CPA. I asked her to stop interrupting. She began
screaming, sticking her finger in my face and ordering me to leave. I
thought she was going to attack me, but she stomped out of the
conference room and went into her office, only to start throwing things
at the wall. As a minority female director, what can I do?
Answer:
The meeting's statutory open forum time belongs to owners, not
managers. Screaming, yelling and throwing things have no place in
professional or adult behavior. All directors should be concerned about
a manager who represents the association in this manner, because she is
a liability.
A victim of her tantrums could sue her and the association for assault,
which is defined as an "unlawful attempt, coupled with a present
ability, to commit a violent injury on the person of another" in
California Penal Code section 240. It is not necessary for the manager
to physically hit or touch someone to be found guilty of an assault. In
fact, unwanted contact, directly or indirectly, could mean additional
liability for battery.
As a director it is important to document and keep your opinions and
recommendations, regardless of how the majority votes, because this
board's failure to take preventive action can be construed as ratifying
the manager's bad behavior.
If the majority male directors won't take action, you should address
potential legal problems by making the association's counsel aware of
this problem. Should the association get sued, your documentation may
aid your defense should indemnification become an issue.
Even if assault and battery are not available options to offended and
outraged owners, claims for intentional infliction of emotional
distress or interference with the business of the association may
exist. She is interfering with the owners' use, enjoyment and
management of a very valuable asset — their home.
This manager's antics have a disruptive and intrusive effect on the
association's ability to conduct its business.
She also may need therapy to assist her in dealing with inter-personal
issues. Management companies should provide their employees with
self-help programs, including anger and stress management courses,
violence prevention, victim awareness, impulse control and nonviolent
communications skills.
If the management company won't remove this manager, terminate the
company along with the risk. Under these circumstances, directors
stating that they "like her" is not a rational business decision
justifying her continued employment.
Zachary Levine, a partner at Wolk & Levine, a business and
intellectual property law firm, co-wrote this column. Vanitzian is an
arbitrator and mediator. Send questions to Donie Vanitzian, JD, P.O.
Box 10490, Marina del Rey, CA 90295 or noexit@mindspring.com.
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