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JonathonL (Florida)
Posts: 13
Posted:
Some of you might remember my thread about trespassers in the pool. Well since then things aren't getting any better. More "friends" of the grandsons are coming in, one of them a white car with two guys and a girl. At one point last night I was taking out the trash, and as I was walking away, they sped up really fast, and shouted something at me, and drove off. I'm just grateful they just shouted and nothing else. I'm really discouraged. The board announced in the newsletter they're having a meeting about security. I'm waiting for it to be posted on the bulletin. They claim they want everyone's opinion on how to make the community safer and that's all well and good, but are they actually going to listen? Most of them probably will EXCEPT the President.

So my question is, what do you think I should say at the board meeting? What is most important? I wanna get the two grandsons out of here.

1) Grandson #1 was arrested for selling drugs

2) Grandson #2 was arrested for burglary with carried weapon and aggravated assault.

3) more than one resident have caught them multiple times using the pool after hours.

4) They have been cited by the board for setting off fireworks on common property and a crack pipe was found behind their condo

5) Grandson #2 moved in without being screened and the board knew. But now that we have SOME different board members can they request he be screened?

What do you think? I really need advice. Can they evict the grandsons? Or at least request they be screened?

What is the point of screening unit owners if they can move any criminal or felon into their unit? Isn't that why we had to pay to have a background check? It's really ticking me off to put it politely, that I had to pay 150 bucks for them to run a background on me so I can move into my grandmas condo. And this felon moved with no questions asked. Not to mention at the time the people who were on the board had known me my entire life, since I was a baby, but I didn't get a free pass. And that's a good thing.
MelissaP1 (Alabama)
Posts: 13,836
Posted:
It is up to the owner to do a background check on their tenants NOT the HOA's. The HOA may strongly suggest it but it being a third party, can not dictate it as they may wish.

Call the police. Simple as that. Organize a SEPARATE and NOT associated with the HOA at all Neighborhood watch. Most police stations have a person there who can help set it up. They will come and speak to you all and share information. You may even get a sign to put up in your neighborhood/HOA. No HOA funds should ever or be ever exchanged in the operation of the Neighborhood watch. Anyone can join it even renters.

The other option is to get video cameras for survelliance. Although it will just help with the court case. Must have people willing to be witnesses and prosecute. Most don't want to be involved and do no follow ups. They always think someone else should do it or the "HOA". So be willing to sacrifice some time and effort to go to court to follow up.

Former HOA President
JonathonL (Florida)
Posts: 13
Posted:
Quote:
Posted By MelissaP1 on 08/08/2013 7:01 AM
It is up to the owner to do a background check on their tenants NOT the HOA's. The HOA may strongly suggest it but it being a third party, can not dictate it as they may wish.

Call the police. Simple as that. Organize a SEPARATE and NOT associated with the HOA at all Neighborhood watch. Most police stations have a person there who can help set it up. They will come and speak to you all and share information. You may even get a sign to put up in your neighborhood/HOA. No HOA funds should ever or be ever exchanged in the operation of the Neighborhood watch. Anyone can join it even renters.

The other option is to get video cameras for survelliance. Although it will just help with the court case. Must have people willing to be witnesses and prosecute. Most don't want to be involved and do no follow ups. They always think someone else should do it or the "HOA". So be willing to sacrifice some time and effort to go to court to follow up.

I should have mentioned that they live WITH THE GRANDFATHER. He's the one that let them move in with him , therefore, they're not considered renters. Our HOA is going to install surveillance cameras in the community, including the pool. They're also going to install a new pool gate at the cost of 12 grand, *rolls eyes*

And even if it were up to the renter to force a background check, how come the HOA forced one on me? They had me listed as a tenant, therefore they had no right to submit me to a background check. I never complained though because I'm just one of those people who believe the rules should be followed....for everyone.

And if I'm correct, Florida law doesn't protect felons, which means the HOA has every right to kick them out.

It's very upsetting. I used to deal with this stuff in my old neighborhood all the time but the difference was that I had my own backyard and I didn't pay HOA fees. So please tell me what's the difference of living in a gated community and paying over hundred bucks in dues, if there's no difference in security than an open neighborhood? None
BrianB (California)
Posts: 2,820
Posted:
the difference is you pay hundreds of bucks in fees for amenities in an HOA. typical amenities include landscaping, electricity/lighting, parking, pools/courts/clubhouses, walking paths, etc..

Unless the contract with the HOA specifies that those amenities include security, background checks, drug screening, etc., then they aren't provided.
AllisonD (Florida)
Posts: 449
Posted:
Jonathan, do your documents require all renters to be screened? What do your docs say about what constitutes a resident versus guest?
JonathonL (Florida)
Posts: 13
Posted:
Quote:
Posted By AllisonD on 08/08/2013 3:44 PM
Jonathan, do your documents require all renters to be screened? What do your docs say about what constitutes a resident versus guest?

Yes, all renters have to screened, as required by the docs. They told me because my Mom and I were moving into my Grandma's condo, and she wasn't living there, we would be considered tenants. Apparently, if the owner lives and you move in, you don't have to be screened, as far as I know.
AllisonD (Florida)
Posts: 449
Posted:
Quote:
Posted By JonathonL on 08/10/2013 8:09 AM
Posted By AllisonD on 08/08/2013 3:44 PM
Jonathan, do your documents require all renters to be screened? What do your docs say about what constitutes a resident versus guest?


Yes, all renters have to screened, as required by the docs. They told me because my Mom and I were moving into my Grandma's condo, and she wasn't living there, we would be considered tenants. Apparently, if the owner lives and you move in, you don't have to be screened, as far as I know.

So simply because your grandmother lives somewhere else, and you moved in, you had to get the background check but because that grandfather lives in the unit they did not have to get the background check? Both grandparent/grandchild situations??? What exactly do your docs say about WHO must undergo a background check and under what circumstances?
JohnB26 (South Carolina)
Posts: 1,569
Posted:
as per the legal definition:

ANY non-owner resident is a TENANT.

A tenant is merely a non-owner occupying a/the property with the owner's permission, as opposed to a tresspasser.

My HOA found this to be true the hard way ... long BORING story ... and changed the word tenant to the word renter.

ps. any overnight guest is an overnight tenant !!!!!!!
JohnB26 (South Carolina)
Posts: 1,569
Posted:
Yes, all renters have to screened, as required by the docs. They told me because my Mom and I were moving into my Grandma's condo, and she wasn't living there, we would be considered tenants. Apparently, if the owner lives and you move in, you don't have to be screened, as far as I know.


Matters NOT whether she resides there or not.

You would be a non-owner resident = tenant.

(proving in a court of law that you are actually paying rent would be problamatic at best ~ no decision has ever been reached re: sharing expenses in an informal way)

eg. owner 'Gary' moves in his (non-owner) girlfriend 'Mary'. They decide to split/share expenses ~ how would you ever PROVE in acourt of law a rental arrangement? Gary = owner resident, Mary = tenant (resident by definition)

what if: ".....i,m letting my third cousin 'vinnie' use my place while i'm away in europe" ~ he needs a place to stay, i need someone to watch the place while i'm gone ~ ? rental ? - ? family ?

matters not what 'they' consider, only matters what a judge determines the CONTRACT (CCRs) says

imo: if it ain't expressly forbidden -> it is allowed (if legal)
AnnH4 (Florida)
Posts: 53
Posted:
I think the true issue at hand is that there are people living in the neighborhood who are not abiding by some of the rules regarding the pool and the HOA is failing to reasonably enforce those rules. That's it. If family members are living with their family (grandpa), I would hardly consider them to be "renters". As far as anyone's legal past, unless you have something specific in the HOA documents that bars having convicted felons living in the homes, I would think it is not a relevant fact. Even if the HOA catches these young men from violating community rules and suspends their access to the amenities, it is likely that they are still going to reside with their grandfather. Your HOA needs to enforce the pool rules. Now, if these people are in fact harassing you, you might wish to discreetly speak with local law enforcement. If the person who is harassing you is on probation, they might be getting a call from their probation officer.
AnnH4 (Florida)
Posts: 53
Posted:
And to comment about living in a gated community and paying dues- you are correct. Unfortunately, no matter where you live you can't choose your neighbors. A special and select few of the homeowners in my illustrious neighborhood are cokeheads, alcoholics, liars, con artists, etc. Ultimately, HOAs do not have a great deal of control over who lives in a house or buys a property. All we can do is to let these fine people "shine" and reveal themselves. Karma catches up with people eventually.

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