Illegal Activity from Owners - HELP PLEASE

Started by KatL • 3 replies • 1405 views

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KatL (Alabama)
Posts: 19

Posted:

We live in a condo development that recently experienced an owner breaking into another owner's vehicle and stole items in the vehicle. They were caught by other owners and recently arrested for burglary and drugs found in condo. Our Declarations are very vague and not as strict as we would like them to be.

I would like your help with this situation. What do you recommend us to do at this point? We have a nuisance fining structure in place for $250 per owner and renter, but we need to implement a structure that involves severe consequences to owners and renters if illegal actions are exercised.

Thank you for your time and input.

BrianB (California)
Posts: 2,820

Posted:

i would recommend you do nothing. what occured is a matter of criminal law between the state and a private citizen, and a matter of civil law between two private citizens.

What you seem to be proposing is fining people for breaking the law, which not only is the jurisdiction of the court systems, it is a course that will lead to rampant abuse, and probably, law suits. Where will the HOA draw the line in the crimes that it will fine, and the crimes it will ignore? how will the HOA investigate, determine guilt, and enforce such things?

GeraldT4
Posts: 1,022

Posted:

Agree with BrianB 100%. If the owner(s) that committed the crime fall in arrears, that is when the Board's actions are warranted. It's a matter between state and private parties and the Board can not comment upon an ongoing investigation.

JohnB26 (South Carolina)
Posts: 1,569

Posted:

call your local law enforcement

this has NOTHING to do with your HOA

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