DEALING WITH DIFFICULT PEOPLE
IT’S WHAT GREAT COMMUNITY MANAGERS DO
Best
By David F. Feingold, Esq.
Over the last 30 years, I have had the privilege of watching countless community managers in action and have concluded that the one attribute they share is their ability to deal with difficult people. This article will summarize the expansive free speech rights held by community members, provide resources to help identify the types of difficult personalities and, in turn, how to deal with each type. It will also provide tools that can be used to address what seems to be a growing lack of civility in how community members communicate.
UNDERSTANDING THE RIGHT TO FREE SPEECH It is important for all managers to understand that community members, including directors, have a right to speak their minds. While managers also have free speech rights, the great ones understand that they can best serve their communities (and stay out of trouble) by being a conduit and not a lightning rod. Community associations are deemed to be quasi-governmental entities, and the free speech rights of interested parties must be respected in the same way elected public officials must suffer the slings and arrows directed at them from disgruntled citizens. Over the years, the Davis Stirling Act and California courts have become increasingly tolerant of speech that is rude, belligerent, obnoxious, and even false. The rise of email as a primary form of speech has added to
10 The Law Journal Winter 2023 | cacm.org
the problem, as it is far too easy to hide behind a keyboard and say things that would never be said face to face. There are situations where speech will cross the line, and action is appropriate and necessary. Speech is not protected if it involves a threat of harm or a course of conduct that seriously alarms, annoys, or harasses, which serves no legitimate purpose and causes substantial emotional distress. Speech can also become discriminatory if it is focused on the target’s membership in a protected class, for example, their race, religion, familial status, or disability. If you suspect that the line has been crossed, consult the association’s counsel before acting. Far too often, action is taken in response to an exercise of free speech rights, and that action is then used against the association as further evidence of its disrespect for the rights of its members.
