Clueless Resident..

Started by MichelleC7 • 9 replies • 1621 views

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MichelleC7 (California)
Posts: 108

Posted:

I am looking for other options than the avenue I have been traveling the last couple years... it seems to have gone no where.

The story.. a mid to late 20's college student who's parents own his unit. Multiple loud parties, sporting events, music sessions. Our HOA has initially sent letters to the homeowner ( dad ) with really no response as far as behavior. Local police has been called I'd guess 10'x in the last 2-3 years he's lived here. One incident warranted a noise citation that was a $1000 fine ( about 2 years ago ) Last night I was blessed to hear loud music from the unit that is not even an immediate neighbor of mine. The bass was so loud the floors vibrated. I called the police again.

Short of doing whats being done, can anything be else be done within the HOA? I emailed our management, but it will take 30 days to mail a warning letter to the dad, and the son will continue.

Please advise.

MichelleC7 (California)
Posts: 108

Posted:

Quote:

Posted By MichelleC7 on 11/18/2012 12:29 PM
I am looking for other options than the avenue I have been traveling the last couple years... it seems to have gone no where.

The story.. a mid to late 20's college student who's parents own his unit. Multiple loud parties, sporting events, music sessions. Our HOA has initially sent letters to the homeowner ( dad ) with really no response as far as behavior. Local police has been called I'd guess 10'x in the last 2-3 years he's lived here. One incident warranted a noise citation that was a $1000 fine ( about 2 years ago ) Last night I was blessed to hear loud music from the unit that is not even an immediate neighbor of mine. The bass was so loud the floors vibrated. I called the police again.

Short of doing whats being done, can anything be else be done within the HOA? I emailed our management, but it will take 30 days to mail a warning letter to the dad, and the son will continue.

Please advise.

We forgot to add.. we have asked this young man more than once to keep it down face to face. We get an sincere looking apology.. only to be disgarded again a month or more down the road. It's like he hopes we have forgotten about him.

GlenL (Ohio)
Posts: 5,491

Posted:

Chances are dear old dad doesn't care either until it hits him in the pocketbook. The HOA should be fining for every noise violation and the fines should double each time. Provided of course if this is in your fining policy.

If you have dear old dad's phone number you could try calling him to ask his tenant to turn down the noise, a couple of those calls at 2am might get his attention.

Studies show that 5 out of 4 people have problems with fractions

PaulT6 (California)
Posts: 409

Posted:

Been through what you are going through. Agree with Glen, call the owner at 2:00AM after first calling the police, then fine the owner to the max. We finally got results by fining. The owner paid the fine, probably because she didn't want to lose her amenity privileges for her renters. Our only problem is that we didn't involve the Assn sooner. Calling the police is a band aid approach, you want to stop it before it happens. Rude arrogant people are just that, you need to bring them some financial pain. It worked for us.

Paul T

LarryB13 (Arizona)
Posts: 4,099

Posted:

Check with your local municipal court to see if there are any sort of injunctions that can be taken out at little to no cost. If he is served with a no-noise injunction and he continues to make noise, he can be arrested for violating a court order or jailed for contempt of court. Injunctions like these are available in AZ but I do not know what you can do in California.

PaulT6 (California)
Posts: 409

Posted:

Our police Dept advised us that we could sign a "citizens complaint" form, or something like that, that would give them more leverage than a complaint that was just called in.
Agree with Larry, you may want to check with the PD and the courts. The best thing is to stop the problem before it starts, suggest you fine heavily and if your GD's allow, suspend their amenity privileges.

Paul T

CarolR11 (Colorado)
Posts: 2,563

Posted:

As others have said, read your docs to see the policy you need to follow to to call the Owner to a hearing. It should not take 30 days as your PM told you. You must call the PM every time there's noise. After one warning that goes unheeded, the Owner should be called to hearing. Hopefully, your Board will fine him the maximum amount and hopefully your docs permit a doubling of fines for repeat behavior. Again, see your docs for a schedule of fines.

If your docs permit removal of common area privileges, one hopes the Board will do that too (if you have any worth removing).

As others have suggested call the Owner if you have his number. If not, send him a letter every time his son is noisy. Your HOA is required to give you the Owner's address, but not phone number.

Continue calling the police.

PaulT6 (California)
Posts: 409

Posted:

Forgot this, when taking it to your Assn be sure to document EVERYTHING in DETAIL, especially the times you called the police. We also used our video camera to record the excessive noise. Use anything and everything in your Governing Documents to pressure the OWNER. As you have found, the tenant could not care less about you. Not sure "clueless" is the right word, how about "rude", "arrogant", "inconsiderate", "in your face" and the list goes on.

Paul T

JohnC46 (South Carolina)
Posts: 14,265

Posted:

Mich

I would find out if there is some type of habitual offender type thingy you can file. Paul alluded to such.

If there is, then I would send a registered letter to the Dad explaining what you are preparing to do. If he does not respond...then do it.

I also would explore the fining aspect and make that part of the letter to the Dad.

Let the Dad have a crack at it first. We has such an issue and the Dad came down on the kid and the problem went away.

Hope this helps.

PaulT6 (California)
Posts: 409

Posted:

John,

Sounds like Dad had a shot at it but missed, no change in the noise.

Michelle,

John's idea of a registered letter from the Assn is good. In addition, a personal registered letter from you, co-signed by your neighbors, if possible, showing a copy to "The Law Offices of John Doe" might get his attention. I used this approach against a snow removal company that was dumping the neighbor's snow on our lot, end of problem.
30 days to get an Assn letter out is WAY too long, as mentioned, fire one out yourself.

Paul T

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