Homeowner - illegal business in FL HOA creating nuissance & disturbance to neighbors

Multiple cars come and go at odd hours at a neighbors home. Many cars are parked overnight on the street. The police have been called on several occasions by both the owner and ome neighbors because of the odd traffic patterns at odd hours and disturbances in the house (alarm malfunctions, violent indicent inside the home and dugs).

Another incident occured last week - police records we obtained indicated violence with a knife and drugs. Though the owner was not arrested, a regular guest (not an official tenant) was taken into custody and arrested for posession of drugs. This guest also has a history of other illegal activities.

The board has been informed by several members about this incident, but the board has not taken any action to discuss or mitigate the situation. The board has only called the owner about his visitor cars parked on the street illegally, overnight. Now they park in an area outside our gated community and the owner apparently picks them up. Or a cab or car waits outside for a few minutes while someone goes inside, then they leave. Very suspicious!

Our bylaws state:

1) No trade or business shall be conducted, nor any commercial use made of any unit... but private offices are allowed as long as such offices do not increase the flow of traffic in the neighborhood or create a nuisance or disturbance to other units.

2) No nuissance shall be allowed upon any unit which inteferes with or any use or practice that is a source of annoyance to other unit owners or interferes with the peaceful posession and proper use of the units by the residents thereof.

3) No immoral, offensive or unlawful use shall be made and all valid laws, zoning ordinances and regulations of all governmental bodies having juristdiction shall be strictly observed.

I have asked the local police to watch the house because of the number of incidents they have responded to this year. But what can/should the board do to mitigate the potential threat of harm to those people living close to this house, since they fear being caught in the middle of a violent or illegal incident.

Hi KimB:

One thing that the HOA and/or some neighbors might want to consider is setting up a neighborhood watch program. These can be helpful in two ways: first, to serve as a deterrent to undesireable activity; and second, to raise the awareness of the neighbors. If there is unlawful activity going on, chances are a neighborhood watch program will result in appropriate calls to the police when activity is noted, and if nothing else, members of the watch are likely to keep a log of activity, which can be used to help the police see a pattern of behaviors/activity that will result in increased patrols.

The use of the nuisance provision (discussed above) will be good as well.

J. Patrick Moore, CMCA

Kim-- I would suggest that your BOD contact your State Attorney Office for your district and ask for his/her assistance...I live in Florida and I find it inconceivable that the cops did not sanction the owner of the property for having a GUEST with illegal drugs in his possession...Once again send a copy of all communications you have with the owner to the Mortgage Company.....Their PUD Rider does not allow for them do be doing what they are doing...I read my rider again the other day and they retain rights to how ,what,and when things are done at the property.... If the owner gets busted with drugs and all that happy stuff the courts can petition to take possession of the property... GO search and see what happened in Port St Lucie Florida last year with all the houses that got busted for being grow houses.....They are obtaining titles to all of them..Best of Luck and work with the law enforcement on this.....Dont try and handle this by yourselves...........LindaC

Hi Kim:

Just one thought as I re-read the posting and the response...are there any strong odors coming from the home, empty gallon cans, red-stained coffee filters, etc.? If that's the case, you would have a meth lab on the property. This would be important information for the police, FBI, DEA, etc. to know about. You might want to check on the web for more info on meth labs and what to look for.

J. Patrick Moore, CMCA