Becker & Poliakoff

Can I Get a Restraining Order?

Can I Get a Restraining Order?

Over the past few years there seem to be more communities with persons who are threatening, being aggressive, or even stalking board members and/or the association’s manager. In those cases where the person acting in a threatening manner is not an owner, such as a tenant, an occupant, or a guest, then the association may be able to evict or require the owner to evict or remove the person who is a threat. However, if the person who is acting in the threatening manner is an owner, then Florida case law provides that the owner cannot be removed from his or her home for these actions. So, what is a board member or manager to do?