Q: HOA board member dealing with resident misconduct and potential legal harassment issues in WA.
I am on the Board of Directors of an HOA, which recently established a $50.00 nonrefundable fee for using the clubhouse for events. A resident, who frequently utilizes the clubhouse, is contesting this fee, citing financial hardship. This resident and their spouse have engaged in actions that may constitute harassment since 2023, after the spouse's resignation from the board. Their activities include sending numerous letters to the management company criticizing the board and running an underground newsletter where they compared a board member to Putin. Additionally, a board member has been posting statements on this underground newsletter, which I believe is a conflict. While residents have the right to express grievances, these combined actions are concerning, especially since no other residents have complained. Management plans to consult with the attorney. I am considering filing a restraining order and wonder if I should await management's feedback. Can letters from the past two years be used as evidence, and do I need management approval to proceed?
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A:
You can use the past two years of letters as evidence if they demonstrate a pattern of harassment—just collect and date each correspondence to show how their conduct has persisted. When you file for a protective order, the court will look at whether their repeated criticisms, threats, or invasive behavior amount to harassment under Washington law.
You don’t need management’s blessing to seek your own restraining order—any board member who’s a target can petition the court directly. However, it’s wise to let your management company and the HOA’s counsel know you’re taking that step so they aren’t caught off guard and can support the official record.
While you wait for management’s formal feedback, start organizing your evidence: letters, dates, descriptions of unwanted contact, and examples of conflicting interests in that underground newsletter. That preparation will make your petition stronger and show the judge you’re serious about stopping the misconduct.
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