How to Protect Yourself and your HOA from the Neighborhood Sociopath

An HOAleader.com Webinar for Condo and HOA Boards

Panelists:

Elizabeth L. White, Esq., LeClairRyan

Susan Gibian, CMCA®, AMS®

Presented By:Elizabeth L. WhiteAttorney at LawLeClair Ryan, A Professional Corporation

Phone (757) 941-2805elizabeth.white@leclairryan.comwww.vacalaw.com

Susan Gibian, CMCA®, AMS®Regional ManagerChesapeake Bay Management, Inc.

Phone (757) 534-7751sgibian@1cbm.com

Our legal disclaimer…

• We are not psychologists. We are not qualified to diagnose any particular behavior and we rely instead on pattern recognition and personality traits that have been identified by authorities and doctors who do diagnose.

• For the purpose of this presentation we have chosen the definition “sociopath,” though there may exist other clinical definitions of the trait examples located within this webinar.

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so·cio·path - \ˈsō-sē-ə-ˌpath, ˈsō-sh(ē-)ə-\◦ of, relating to, or characterized by asocial or antisocial

behavior or exhibiting antisocial personality disorder (http://www.merriam-webster.com/dictionary/sociopathic)

Antisocial Personality Disorder:◦ a pervasive pattern of disregard for, and violation of, the

rights of others that begins in childhood or early adolescence and continues into adulthood (http://en.wikipedia.org/wiki/Antisocial_personality_disorder)

A Sociopath is simply a person devoid of conscience.

What is a “sociopath”?

• The sociopaths we may encounter will most likely be everyday people, but not like you and I.

The REAL Sociopaths….

ReligiousLeaders

Organizational Leaders/Board

MembersAttorneys

Politicians

• Sadly, YES.• One in every twenty five individuals is a sociopath.

• Recognizing a sociopath may be difficult…they look like you and I.

Will I deal with a Sociopath?

Is there one next to you?

Power, Recognition◦ Many sociopaths seek positions of power and influence

over people.

Boredom◦ Many sociopaths seek to harm, humiliate, engage/enrage

out of pure boredom. With nothing to do they seek a target, usually weaker and unsuspecting.

Conversely◦ sociopaths cannot truly feel love, compassion, a sense of

moral reason. These emotions are not available to the sociopath allowing uninhibited sociopathic behavior.

What motivates a sociopath?

What type of Sociopaths might I encounter?

Sovereign Citizens Movement A violation existed in a local association, the manager cited and brought

the violation through “the process” to formal hearing at which a decision

was made finding the owner in violation of the covenants.

Non-compliance assessments were applied, the collections process

followed through with.

Several nonsense letters notifying of the intent to pursue a Maritime Lien

were received from the owner. Legal counsel advised to ignore as these

were nonsense.

Members of management and members of the Association’s Board of

Directors were later shocked to find that Maritime Liens had been filed

on their personal homes in amounts (in one case) of over $1,000,000.

Real Life Example (cont…) The owner held formal hearings on his own against the

Association using fictitious names and documents.

Management/Board Members had to obtain counsel and attend several court appearances to:

1. Release the bogus liens

2. Obtain judgment barring owner from further actions

Research performed into this specific type of action revealed the Sovereign Citizens Movement.

Anti-government U.S. extremists who don't pay taxes and ignore requirements like social security cards and drivers licenses are on the rise. Called sovereign citizens, some have become violent and the FBI considers them a domestic terror threat

Employ tactics such as Paper Terrorism, as shown in next slide and (some) in our real life example, with phony documents such as illegal liens on property, forged money, forged licensing.

Sovereign Citizens Movement

Bogus/Fictitious DocumentsIn addition to using fictitious names, these “citizens” claim the US Government (and any “governing body”) has no authority over them. The no longer use given names often replacing with semi-colons and colons and/or, referring to themselves as embassies or entities. (See below drivers license)

To the left is an example of tactics used.The below are fictitious drivers licenses and licenses plates sometimes used by these “citizens”. To them, there is no government therefore they license themselves.

Sovereign Citizens You May KnowJared Loughner Timothy McVeigh

Terry Nichols

• Sociopaths may not be as easy to identify, and may not use bogus tactics such as we spoke of in the Sovereign Citizens Movement.

Identifying a sociopath may not be that easy….

• Darrell, The Dissident Homeowner• Sociopaths can include the ever-unhappy, unrest-inspiring

few that live in your community and attend each meeting to endlessly antagonize the Board and Management as sociopaths often attempt to wound with unfounded accusations.

• Experts on Law/Governing Doc/Topic

• Records Requests

• Surprise Attacks/Set-Ups

• Use FHA/CIC to Attack

Identifying a sociopath may not be that easy….

Darrell

Brenda, The Brutalizing Board Member◦ Sociopaths can sit on the Board, perhaps like a Board President

who will constantly create a whirlwind of “emergency work” so as to exert control over the Board/Contractors/Manager. They may constantly find non-existent issue with actions/reports. They disagree with advice only to later only paraphrase that advice so as to make it their own. Surprise Attacks/Set-Ups

Rogue Actions

Personal Agenda Driven

Resignation/Censure

Collect Proxies to Overthrow Board

Identifying a sociopath may not be that easy….

Brenda

What can a manager or Board member do to protect the Association? Themselves?

First and foremost…At the first sign of a sociopath, as with any situation, DOCUMENT!

Engage legal counsel as early as possible.

Do not engage the sociopath if at all possible, yet still be careful to provide services as required.

Do not allow yourself to be baited to improperly respond.

What can I do to avoid/deal best with a Sociopath?

Keep aware!

Instinct should be trusted. It is your brain recognizing a pattern/behavior.

Follow your documents/legal requirements.

Records Request – give only what is requested, and what is permissible to give.

Due Process – follow consistently.

Know your responsibility.

Board oversight (of management/board members).

Apathy = Empowerment

Safety Considerations◦ Not all sociopaths are violent. Not all violent people are

sociopaths. Either way – protect yourself, your Board, your Contractors and your residents. How? Legal Counsel – Protect BEFORE the encounter. Injunctive relief. Local Law Enforcement – Restraining Order Security Officers – For hire – attend meetings, bodyguard Adopt Policy – Standard Of Conduct, include when to refer to

counsel, Proxy Resolution FBI – Terrorism related Internal “Lockdown” Policy – Safety is paramount. Create policy and

procedures for emergency situations.

What types of things should I be especially concerned about?

60 Minutes Episode on Sovereign Citizens Movement -◦ http://www.cbsnews.com/video/watch/?id=7366128n

Federal Bureau of Investigation – Sovereign Citizens Movement◦ http://www.fbi.gov/news/stories/2010/april/sovereigncitizens_041310

◦ http://www.fbi.gov/stats-services/publications/law-enforcement-bulletin/september-2011/sovereign-citizens

The Sociopath Next Door – by Martha Stout

In Sheep's Clothing: Understanding and Dealing

with Manipulative People – by George K. Simon, Jr.

Snakes in Suits: When Psychopaths Go to Work –

by Paul Babiak and Robert D. Hare

Additional Resources …

QUESTIONS?

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This slide show provides general informationand is not legal advice and should not beused or taken as legal advice for specificsituations. You should consult legal counselbefore taking any action or making anydecisions concerning the matters in thisshow. This communication does not createan attorney-client relationship betweenLeClairRyan, A Professional Corporation andthe recipient.