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Can an HOA board member get a restraining order against you?

On Behalf of | Mar 6, 2023 | HOA Disputes

If you live in a community that has a homeowners association, you probably have a right to complain when the community is not running properly. Some board members are more responsive to homeowner complaints than others, of course. If a member is unwilling to listen to your concerns, he or she even might accuse you of harassing behaviors.

While HOA board members certainly should not have to deal with harassment, they should do their jobs. If a board member thinks you are behaving inappropriately, you might wonder whether he or she can obtain a restraining order against you.

Civil harassment restraining orders

When you think about restraining orders, your mind probably goes to victims of domestic violence. Because you are not in a close or personal relationship with an HOA board member, it is probably not appropriate for the member to seek a domestic restraining order. He or she might be able to pursue a civil harassment restraining order.

According to the California Courts, civil harassment restraining orders are appropriate when someone harasses, stalks, abuses or threatens someone who is not a close family member. This restraining order might require you to keep a physical distance and avoid contact with the board member.

Your legal rights

Not only can a restraining order make you look bad, but it might limit your ability to advocate for your interests or the interests of your community. If you think you should not be subject to one, you likely can go to court to explain why.

Ultimately, if an HOA board member is threatening you with a civil restraining order, it is advisable to explore and exercise all your legal options.