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March 20, 2007
Harrassment of Contractors - What, If Anything Can Be Done To Prevent It?
Unfortunately, there are times when residents or board members cannot leave a contractor working on premises alone. This question arises more often than one would like to hear:
"Our association has a troublesome [could be either owner or board member]. This resident becomes unruly at board meetings, criticizes all contractors in the meetings and even in front of the contractors if they come to the meetings to explain what they are going to be doing. He/she interferes with maintenance and workers in the building. We have been through a number of contractors and many will not do work in the building from now on because of past interference. This is becoming a bigger and bigger problem.
Is there anything that can be done about it?"
The answer to this question is not easy. Convincing a difficult owner (board member or not) to leave contractors on premises alone is not easy, but it is necessary. The points to be made are:
1. That if the owner has a complaint or report to make about the contractor, that it must be presented in writing either to management, or if there is no management, a board member, and the board will consider it through the processes adopted to deal with contractor issues.
2. That if the owner does not stop bothering or harassing contractors on site or in meetings, that the board will have to take more assertive action, such as considering fining, suspension from meetings, or possibly legal action.
There are actions that can be taken - the less drastic could be found in the governing documents including the rules, the fining policies if your association has them, possibly through means alternative to litigation such as arbitration or mediation. But if that does not work, the association cannot afford the ultimate result if indeed there is harassment and/or defamation.
A legal harrassment claim or a defamation claim which can occur if unjustified complaints and accusations are occurring can be expensive. And if there are reasons to complain about a contractors work, there are channels to deal with that.
If the harassment really gets out of hand, then the best thing to do is get legal advice as to how to restrain the conduct. The Association could seek restraining orders if that is really necessary.
Posted by Beth Grimm at March 20, 2007 9:27 PM