HARASSMENT, THREATS AND
RESTRAINING ORDERS

Putting up with criticism is part of the job of association employees and board members. However, directors have a right to privacy. In addition, there comes a point when it becomes abusive and crosses the line into harassment, stalking and threats of violence. When that happens, the board should take immediate action to protect the interests of the association by protecting its officers, directors and employees.

Who is Protected? The statute considers members of boards of directors, volunteers, and independent contractors who perform services for an association on association property to be protected employees. The association, as an employer, may seek an order protecting any board member, committee member, employee, or contractor who has been assaulted, battered, stalked or received credible threats of violence. Code Civ. Proc. §527.8 The board may pay the legal expense with the association's monies.

Up to Three Years. Courts may grant a restraining order protecting persons for up to three years, depending on the nature of the threat. The board may ask the court to renew a restraining order if it believes the threat will continue after three years time.

Penalties. The individual making threats can be ordered to cease making telephone calls to, sending correspondence to (including e-mails), talking to or following the affected director, committee member or employee or their immediate family. If the person violates the court's order, he/she can be arrested and charged with a crime. Penalties include jail and/or a fine up to $1000.

Updated 5/7/2008