Pool Violators/Skinny Dipping/ Sex/

Hi, I'm new here. I didn't know where else to go. My Mom lives in my Grandma's condo in a 55 older community. I live there with her. She's in her 60s. Recently, we've had problems with a young resident in his 20's who bring his friends at the pool after hours around 2 to 4 in the morning. Problem, our condo is literally on the pool. One night they woke her up because of the motion light shining in her window, which later on they tore down. I'll get into detail about that later. Anyways, she looked outside her window and saw one of the young men going into the hot tub naked while another couple were having sex in the pool. Then they came back at 7 in the morning. I complained and the Grandfather was sent a letter. Later on, the grandson's friends starting coming without him and bringing their own friends. NONE OF THEM ARE RESIDENTS.
Apparently, this has been going on for years now but now they're getting bolder and more loud. We traded rooms. Surely enough, I was woken up at 4 in the morning by a girl diving in the pool and being ridiculously loud. And of course they were people stark naked in the hot tub. Keep in mind, our pool cleaners only come once a week.

Then recently this past week, our maintenance man discovered the pool motion lights had been torn off and were on the ground. Beer bottle were everywhere. The board called the cops who collected evidence.

But here's when things got heated. The President went into an angry rant and told us there's nothing we can do about it but the call the cops the next time we see them. According to her, his friends can being their own friends to the pool without the resident or owner, and no one can make them leave. She also said that the Grandfather can have as many people living with him as he wants. This came up when we discovered there were two other people, both in their 20's, living in the condo. She thinks this is a good idea and that we shouldn't "control" people.

Anyways, I know there are HOA board members on here. So is she right? We live in Florida btw.

Can the friends bring their own friends to the pool without a resident?

Can the Grandfather have any amount of people living in his condo?

Can the grandson and his friends be charged for trespassing next time they're caught at the pool after hours? Could they be charged for public nudity and indecency besides that?

I really need answers. I don't understand the point of having a board and being in a gated 55 place if they're not going to enforce the rules. I want my Mom to be safe and not be waken up all the time because of these people.

Please help.

Surely there are rules and bylaws that address who may use the pool, when, and would include something about guests. Perhaps clothing might also be included in the rules.

I also suspect the same documents make reference to who may reside in a unit. It doesn't sound like a very well-enforced 55+ community. It also sounds like you're a violation yourself if you live there with your 60 year old parent.

Start with the governing documents. Note specific violations, include video or photographic evidence as appropriate. Bring them to the attention of the board IN WRITING. Document the response. If the problem continues, threaten a lawsuit against the community for the violations, or if the documents permit seek a legal injunction against the unit owners in violation of the rules.

And just for the heck of it, call the police when the party starts, ask them to swing by your place instead of going straight to the pool and have them check things out for a bit before they do whatever it is they will or won't do.

# of residents in a dwelling: lacking anything in the deed restriction that would be a code compliance issue

HOPA '95 only requires ONE resident of a dwelling to be 55+ ~ do your CCRS say different?

since the pool is not a public area NUDITY may only be addressed by your governing documents

vandalism is a police matter

glass is probitted inside the pool area by all 50 state's licensing bodies

when glass is found close and drain the pool for inspection (call the department which issued the posted pool permit)~ the glass issue will quickly become 'self enforcing'

lastly, why have YOU not petitioned the courts for an injunction barring the neighbor in question from interfering with your right to 'quiet and peaceful enjoyment' of YOUR property ?

oh, wait, your elderly relative is the person being annoyed! same advice for them

CAVEAT EMPTOR

Thanks for the feedback John!

Florida has a 50/20 percent ratio law for 55 communities. Basically, 20 percent of the residents of a 55 plus place can be under 55, and it will remain a 55 plus community. Which is why I can live there.

Second, I know there's a noise ordnance in my county but I wasn't sure if I could petition the courts to address the matter.

Third, the pool isn't public so that makes nudity legal? Florida's summer's are hell. Does that mean I can walk around the pool area with my ding dong swinging for every grandma and grandpa to see? If so, why isn't everyone doing it? ;D JK.

If the cops take them away in cuffs then I'd be more than satisfied.

Thanks Dave.

Think I'll take your suggestion with the photographic evidence too. Probably will go further than just an eye witness claim.

JohnathanL;

you mean 80/20 which is exactly as per Hopa '95 and HUD

HOWEVER

it is NOT 80% of the residents

BUT

80% of the HOMES must have a resident 55+

double oops .... JohnathonL

Yes, that's what I meant. lol.

Update and More News.

Good news. The police caught them three days ago at 2:30 in the morning. They woke my Mom up after they were doing cannon balls in the pool. They were dressed....this time. We called the security chief who then called the cops. Two officers came and all five of them were citied for trespassing. The three guys were 16 and the two girls were 18. So in addition for trespassing the 2 girls were cited for trespassing and corrupting minors, No one was arrested though. Apparently, the girl who we've seen before, has previously been citied for trespassing other community pools as well. Never arrested though. The officer said she claimed to be friends with the grandson who lives in our community. The grandson and cousin wasn't with them though.

Anyway, I hope its over. But these guys seem to be incredibly stupid or just don't care if they get caught. The 2 girls were laughing their asses off even as the officers were citing them. She brings different guys with her all the time.

I will admit though, they are a good looking bunch, even the guys, (who the cops drove home, with no charges) I can't help but wonder if they were ugly fat slobs if the cops would have been more harsh with them. Oh well. I guess its over.

Just keep calling the cops until it stops.

That's what I'm gonna have to do. Apparently, from what I've been hearing, is that there's so much crime in my town and county that cops are no longer arresting minor offenders, because the jails are so full. IDK, that's just hearsay. But I guess its like you said.... if I just keep calling the cops every time I see them, they'll eventually get pissed having to come out in 2 in the morning and start making arrest just to put an end to it.

Another thing that keeps baffling me, (sorry I'm not trying to rant or drag this out) is that while I had to pay about 150 bucks to get screened and have a background check, the grandson who lives in our complex has been busted for selling drugs more than once last year. And his cousin, who also might be living with them, has been jailed for armed robbery with a deadly weapon. ?????? Please explain to me the logic of going through all that trouble if anyone can move felons under their roofs????? But according to our President, screening can't keep people out even if they have a record.

The whole problem is stemming from the Grandson and his friends. I know it would be hard to evict him but the chief of security says they might be able to or at least try.

Anyways, found the police report online and it was classified as "Trespassing in Progress" along with other reports of criminal mischief. So at least its being acknowledged.

http://pascosheriff.com/webapps/cadweb4.pgm