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BonnieG1 (Nebraska)
Posts: 1,186
Posted:
We were told by the owner of an empy unit that people would be "in and Out" prepaing the unit for sale.

my unit is next to this unit. So far I have seen no evidence of work being done, but I have heard evidence of someone living in the unit. Television on late at nigt. An owner who works part time saw a man hurry past her out the door as though he were going to work.

We know that Cox communication installed cable television. We asked the owner about that and he said they wanted television when they were there to work.

Our President emailed the owner and told him workmen were welcome but an underage person could not live in the unit. He emailed back with I told you.........

This man does not come out of his unit to visit with anyone. It appears he is trying to keep a very low profile so that people will not know he is here.

Many thinks I have thought about doing, but most of them are illegal and the onew that are not illegal I think "we don't want to show our hand yet."

I did wait at the end of the hall yesterday for about an hour hoping I could see this man as he leaves.

If I didn't work part time, I would place myself at the exit nearest what I think is his car.
Our contact person for the lawyer is to talk to our lawyer about this.
Do you have any other suggestions?

TimB4 (Tennessee)
Posts: 21,059
Posted:
Contact the police. Explain that to your knowledge only workers are to be in the unit and it appears that someone else is now there. Explain that you contacted the owner and he insists that only owners are to be on the property. Then let the police investigate.
SteveM9 (Massachusetts)
Posts: 3,699
Posted:
Lawyer? Just contact the police for free.
MelissaP1 (Alabama)
Posts: 13,836
Posted:
Here's the deal...We had a squator living in our HOA once. He was caught because his dog attacked someone. We contacted the owner who lived out of state to find out this person was NOT authorized to be living in this house. The owner had a lease with the man's ex-girlfriend NOT him. The president at the time had to go to court to testify about the man living in home and seeing him out in the neighborhood on a daily basis. The owner was able to evict him out of the home.

However, this does NOT seem to be the case you stated. The owner does seem to recognize people are in his unit. The HOA has sent notices to them stating as such. After that the HOA has NO business involving itself in the situation. It is up to the OWNER to decide if they want to allow a possible squater to live in their property or not. It is NOT the HOA's. The HOA responsibility is to make sure the owner is paying their HOA dues. Unless you all have some kind of rental restrictions in place (Which aren't always enforceable), then it's none of the HOA's business. The HOA can only make and hold the owner aware of the situation.

Let the owner call the police if it's indeed someone not welcomed into their property. It's their responsibility and their property. The other people like yourself can be witnesses that there is someone living there rent free. However, involving yourselves in evicting them isn't.

Former HOA President
GlenL (Ohio)
Posts: 5,491
Posted:
Melissa if you recall Bonnie lives in an over 55 community, I believe her concern is not the fact that someone is living there but their apparent age.

Studies show that 5 out of 4 people have problems with fractions
LarryB13 (Arizona)
Posts: 4,099
Posted:
It sounds like your owner is very much aware that he is violating the 55+ restriction. I have never heard of anyone installing new cable TV service for the benefit of construction workers.

BonnieG1 (Nebraska)
Posts: 1,186
Posted:
besides the age another issue we have is thefts in the building. The beginning of the thefts coincided with the time this person probably had acces to our building.
Also even people who meet the age requirement are to sign a statment that they have read our covenants and will abide by them.
BonnieG1 (Nebraska)
Posts: 1,186
Posted:
On another subject, I digressed to this subject. I was advised to have the owner come to a Board meeting for a hearing where it could be fined for having someone underage living in the unit. This sounds like a resolution we should make as I know that two years ago (I wasn't on the Board at the time) the Board had to kick two families out. One was a couple froml my church. The owner had told them to keep a low profile. The Board just did this, but the case with the young man in unit 215 is a little different because the owner informed us "workmen" would be ocming and going.

JonD1
Posts: 2,350
Posted:
Seems to me this matter has now become a lot more complicated than necessary.

From what the OP tells us the unit owner has someone living in the unit. They MIGHT be under the 55 year old restiction.

The police don't enforce HOA guidelines. No need to contact lawyers of spend lots of time on nothing.

Now the OP tells us they had a similar situation which required a couple to be forced to move out. Sounds like someone knows how to handle this again. Notify the owner they are in violation and follow your guidelines to enforce your rules and regulations including fines.

Rather simple.

EdmundS1 (North Carolina)
Posts: 45
Posted:
For our HOA in NC we recently looked into becoming a 55+ community. The current rules are that 80% of homes/units, etc have at least one resident 55. If the "person" living there is under 55 it makes no difference if you still have 80% of the units/homes/condo's, etc. with at least one resident over 55.

The 55+ rules are written this way so a sponse who is not 55 can't be asked to move if the one resident who is over 55 dies/divorce, enters assisted living, etc.

Unless the 55+ rule was in the original documents at the inception of the HOA it's just about impossible to add it later. In today's housing market you will never get 75% (or whatever your HOA requires) to go 55+...why should they restrict their sales options....?
BonnieG1 (Nebraska)
Posts: 1,186
Posted:
Quote:
Posted By JonD1 on 11/25/2012 12:45 PM
Seems to me this matter has now become a lot more complicated than necessary.

From what the OP tells us the unit owner has someone living in the unit. They MIGHT be under the 55 year old restiction.

The police don't enforce HOA guidelines. No need to contact lawyers of spend lots of time on nothing.

Now the OP tells us they had a similar situation which required a couple to be forced to move out. Sounds like someone knows how to handle this again. Notify the owner they are in violation and follow your guidelines to enforce your rules and regulations including fines.

Rather simple.


Not as simple as you make it. The owner called the President and me and told us that "workers" will be going in and out to prepare the unit for sale. In 2010 (I remember the year because I had just retired) an underage couple moved into an unoccupied unit and they are still here. Some of the Board members at that time talked to them, but since they were only to be here for s "short time" the Board did not do anything about it at that time. The husband was a least over 50.
As for the young man who moved in recently there is not MIGHT be under 55. He is in his 30's

I do agree we probably should have tried getting the young man out on our own before getting the lawyer involved. The lawyer mailed a letter to the owner before the letter was approved by the Board and I did not like the way the letter was worded.
BonnieG1 (Nebraska)
Posts: 1,186
Posted:
Quote:
Posted By EdmundS1 on 11/25/2012 5:35 PM
For our HOA in NC we recently looked into becoming a 55+ community. The current rules are that 80% of homes/units, etc have at least one resident 55. If the "person" living there is under 55 it makes no difference if you still have 80% of the units/homes/condo's, etc. with at least one resident over 55.

The 55+ rules are written this way so a sponse who is not 55 can't be asked to move if the one resident who is over 55 dies/divorce, enters assisted living, etc.

Unless the 55+ rule was in the original documents at the inception of the HOA it's just about impossible to add it later. In today's housing market you will never get 75% (or whatever your HOA requires) to go 55+...why should they restrict their sales options....?

Our documents actually require a resident to be 57 or older with the only exception being that a spouse may be younger. We have almost 100% of residents 57 or older. We have a few that are just 55 or close to 55.
I am well aware of the 80% rule and the reason it exists. This rule was not made so that a person younger than 55 can move into an unoccupied unit.
The law does state that empty units must be reserved for those 55 or over.
BethW4 (California)
Posts: 11
Posted:
Hello,
Leaving certain things lying around your yard or in plain sight from the road can unwittingly lure thieves onto your property like frantic bargain hunters to a flea market. First u keep your things safe then your home will automatically be safe No need of police or Lawyers.

Legal Transcription at GMR Transcription
BonnieG1 (Nebraska)
Posts: 1,186
Posted:
Quote:
Posted By BethW4 on 11/26/2012 4:06 AM
Hello,
Leaving certain things lying around your yard or in plain sight from the road can unwittingly lure thieves onto your property like frantic bargain hunters to a flea market. First u keep your things safe then your home will automatically be safe No need of police or Lawyers.

These stored items are not in plain sight in the yard. This is a 43 unit condominium with parking spaces in the building.

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