Help, We've Had It with Renters/Owner

My wife and I purchased a condo in a three unit bldg., 3 bedroom 2 bath 1450ft2. Garage at street level. Our condo (A). Same size condo above us (B) and a two story unit in back (C). Owner in C for 20 years plus. Renters in unit B with owner living half mile away. Our HOA consist of owner of C is president. Owner of B is vice. We're treasure.
When we moved in unit C had three renters ( a young couple and a young man renting out one of the three rooms). The couple also had two small dogs. The couple worked odd jobs. The young man is a cook that works 2pm-10pm. The first month was very quiet as if they were told to keep a low profile. Than it began. Started to notice small pot plants on the balcony. Lots of short term visitors stomping up and down the flimsy steel frame concrete stairs past our door to their unit. The young cook would come home at ten with one to three friends and they would drink and party until six am most every night. With the exception of the pot plants we kept quiet not fimular with condo living. Despite the 10:30pm quiet time rule, there was always noise/activity 24/7. No period of inactivity. Than the couple moved in another down and out couple with a 4yo kid. It was bad. Five adults a 4yo two dogs and many visitors at all times. Constantly being woke up from 9pm to 6am and noise throughout the day. We had enough and called our annual HOA meeting. We voiced our concerns with the owner. He promised (recorded in the minutes) to kick out the renters (month to month) fix the flooring to help dampen the noise, replace single pane windows to duel pane and get a responsible renter. Three month later the down and out couple move out. The young couple move out leaving the young cook to assume the condo. He rents out the other two rooms to two girls that work with him. Now it gets even worse. All three now party from 9pm-6am and it's like a college frat house. P
Drinking vulgar language, loud yelling, stomping, banging, pot smoke, windows open, just everything. My wife, 11yo son and I are miserable as well as the neighbors. There have been 13 different renters in that unit in the year and three months. All without a lease. All without being approved by the owner. All with total disregard to the R&R's.
We could not take it anymore and were forced out.
The steps we have taken during that time had no effect at all and were ignored by the owner or filled with promises that were not acted on.
The steps we took were as follows. We kept a log of every time R&R's were broken, the police calls, detailed log of the offences, letters/texts of complaints to the owner. Copies of R&R's given to the renters over and over. We've taken pictures. We have letters from at least ten neighbors that are directly affected. Pictures of the after parties. Pictures of the cigarettes ashes, butts, beer and spit on our cars. Along with the complaints to the owner, I've sent two texts on two of the worst nights and have threatened a lawsuit. These were also ignored. After we've moved out (one month ago) the renters have stepped it up are even worse. The neighbors are really up in arms now. My 18yo son is living there now because we cannot rent it or sell due to the problems from that unit.
We've had enough. We have started the small claims process and are suing for the max to compensate us for moving and other expenses hoping this gets his attention. He is known as a slumlord among the neighbors and the owners of unit B. He has already been to arbitrations by the owner of unit B and some other neighbors. But, that seemed only to have a short term effect.
The best part is after going thru the minutes of an HOA meeting ten years ago we’ve found out that the owner is the very person that helped draft and approve the very R&R’s that his renters continue to violate.

Have I covered my bases prior to going to small claims?

Thank You for any help you can give me.

Well it seems like you've got the whine and complain route done but have you tried fining (if allowed) against the owner? Unless it costs him what incentive does he have to clean up his tenants act? BTW if quiet time is 10:30 and the cook & his roommates presumably sleep during the day does that give you any ideas?????????

Uhmmm No. Your really not going to like my or many other people's advice. I will warn you right now. It isn't coming from a bad place but reality. Reality isn't always nice. I read what you posted and have my own "party animal" neighbors.

A few mistakes have got to be addressed. Renters do NOT have to abide by the CC&R's. The owners do. The HOA holds the owner's feet to the ground for enforcing the rules of the HOA. Unless the owner has it in their lease agreement to abide by the rules of the HOA, the owner really shoots themselves in the foot for that. So giving copies of the rules to renters is just spitting in the wind.

There are such things called "Tenants Rights". Even the owner or the HOA is legally bound by those. Did you know that a renter could stop paying rent up to a year without being evicted in some states? Mine stopped paying for over 5 months before I could legally kick them out. The owner is also bound to that rental agreement.

The HOA does NOT own that property and can NOT interfere with the rental agreements of the owner. Which means the HOA can't kick any tenant out. That has to be done by the owner. Usually enough reports of bad behavior or damages gets the owner to take action as that is their property. That doesn't work all the time. It is up to them what they are comfortable with when it comes to use of their property.

As for you wanting to sue them. Good luck with that. I don't think any court will grant you much of anything in regards to you moving. You can't prove that you can't sell or the home based on the behavior of renters. The court is only to make you whole. It is viewed as your decision to leave and thus it's your burden to bare.

What solution can I give you? Learn to live with it and stop being so sensitive for one. Keep calling the police when they violate the law. Create a fining schedule within your HOA to levy fines for violations. Levy those fines against the owner whenever they are violated. Continue to keep records. Put your house for sale and stop using them as an excuse.

I used to work 3rd shift. My neighbors played volleyball and played loud music late at night. When I got home in the morning my neighbors would mow their lawns before it got hot. I have a neighbor with a loud motorcycle/car. There is a train track nearby and in the path of 2 airports. I know disturbances...It is also MY problem if I get disturbed.

I am unemployed now and get to watch ALOT of People's court...LOL! I've seen similar cases pass through there. The person usually loses because they have to prove they can't sell their house due to the owner's actions. I don't know how one can prove that satisfactorily unless they actually give the court proof they put their home for sale and the sale fell through because of the renters behavior/situation. Considering that if you are serious about selling your home and the buyer's wouldn't be necessarily exposed to the renter situation, the only way would be IF you the owner told them. Which what owner on earth who is serious about selling their home would go "Oh and the renters next door are nightmares and the owner won't do anything about it. That is why we are selling it to you". Those statements won't help your case either.

So my advice still remains put the house up for sale and don't worry what the owner does with their property. Keep your mouth shut about that situation and let the new buyers deal with it. That's what most people do when they sell property they no longer want to live in because of disturbances or HOA issues. Mouth shut and sign up is what I say...

Also selling would be my last option. I would rather save my condo as an investment and rent it out. But, no-one would pay to put up with that. The reason why we did for a year and a half is because we owned and had to live there.
As far as moving, yes that was my decission. But it was my last option. It was not a safe enviroment for my son to be around for one. Second it was effecting my and my wife's health as I would be woken up 3-4 times per night. Sometimes turning into an unsafe confirtation against 4--8 drunks. Calling the police would work the first time for an hour than it would start back up. The second call would require me to leave my name and address that would be disclosed to the renters. Than it would really be unsafe for my wife and son.
We've tried everything we can.

Exactly Rob...Unfortunately, if you want to take your case to court and prove your damages, there has to be proof of a few failed sales. I am telling you this just to give you the best chance of winning you may have if you pursue the court angle. The court won't give you moving expenses based on disturbance issues of your neighbors. There are too many other options out there to deal with that.

The proof you have to bring to court is a sales agreement with a realtor putting your house up for sale. You have to prove you are actively trying to sell your home. After that, you have to find buyers who actually put earnest money down and try to approve for a loan that backs out of it. They also have to be willing to sign something in regards to the fact of why they decided not to buy. If you get all of that atleast 3 times or more, then you may have proof your not able to sell. Even if you decide to rent the place out, there has to be proof of why the tenants invalidated the rental agreement. Which has to be a valid reason according to the lease agreement. Off the shelf rental agreements don't have anything referring to HOA rule agreements or due to other neighbors disturbances issues.

That is the reality. All else is just venting...Time to put it up for sale...

The landlord is responsible for his renters. It's his property. When you call the cops, tell them these folks rent and here is the landlord's info. Fine the landlord for them breaking the rules. It won't last long once he starts getting fined because he will either pass it on to them or kick them out. After all, aren't "slumlords" in it to make as much money as possible?

Well, we won round one.
Thanks for all the advice. We're just going to keep hitting him in his pocket book until he gets it.

call law enforcement


next time purchase a sturdier structure


OMG - actual signs of life and occupancy


call law enforcement


call law enforcement

and lastly

get a good attorney specializing in CONTRACT LAW and petition the court for a restraining order AGAINST THE OWNER

when it is violated the OWNER can be arrested

i was the FIRST response to your OP

after all the toric ka ka has been thrown around

you have arrived AT THE SAME CONCLUSION

wassa matter, truth hurts?

as hol (never could spell)

In our 6,400 member Assn we have from 350 to 400 non-compliance violations per year. With RARE exceptions, they all involve rental properties, both short and long term. Renters may not cause ALL the problems, but ALMOST ALL.

Paul T

I'm coming late to this party, but...

For my California property with an HOA, the CC&Rs require owners to include compliance with the CC&Rs as part of the lease. THe CC&Rs also hold the owner responsible for any fines (they can do what they want with their tenants). We have since instituted a policy that requires landlords to provide the HOA with a transmittal form signed by both the tenant and the landlord, so the HOA has on record that the tenant has been given the relevant document.

For my Oregon property, the HOA requires me to provide a copy of the lease agreement, which must contain language stating that the CC&Rs have been provided to the tenant and compliance is part of the lease agreement.

The HOA can't evict the tenants but they can enforce the CC&Rs.

Just as an aside... we used to own a condo on the second floor of the building. My husband was working out of town and stayed there during the week, coming home on weekend. I think the kids and I went there twice. He got up in the morning, got dressed, went to work, came home at night, ate dinner, watched TV and went to bed. I know that even though I wasn't there because that's his routine when he's at home and there are no children. The people downstairs complained constantly about the "stomping" and "noise." Really??? I hope the people who bought the place from us had lots of gallumphing children, just to provide the downstairs occupant with some perspective.

true .... but only against the OWNER/MEMBER

good luck enforcing a contract (the CCRs) with a non-signatory to same

ps. the 'relevant document' is a contract between the OWNER and the HOA