QUESTION: I have been told that I will be fined if I continue to e-mail the board instead of directing my comments and questions to the management company. Is this legal?
ANSWER: Yes, you can be fined for continuing to send emails once you've been told to stop. Directors are volunteers and have private lives. They don't sign-on for round-the-clock emails (or phone calls) from members. Matters affecting the association can be addressed via the management company or during open forum at board meetings. Accordingly, the board may rely on the nuisance provision of the CC&Rs for imposing fines or adopt specific rules regarding harassing emails and phone calls. If emails become threatening, boards can seek a restraining order against the individual.
ASSISTANCE: Associations needing legal assistance can contact us. To stay current with issues affecting community associations, subscribe to the Davis-Stirling Newsletter.