HOA Discrimination & Paying for Outside issues

JonathonL (Florida)
Posts: 13

Posted:

Some of you might remember my last thread with the problems we had with the condo pool, from unscreened 20 somethings moving in.... well...the problem has gotten worse. We recently had 2 guys around 19 years of age, move into a deceased owners unit, without being screened, they're obviously not 55, no one 55 or older is living with them, HOA says nothing. Another lady recently purchased a unit, moved in both her sons and they're girlfriends (in their 20's) one of the couples has babies and moved them in as well. Well, we recently caught them in the pool 12 at night. Called the cops. Another time, an older man in his 80's caught the 20 year olds climbing all over his car, and now he's selling his unit, because their unit garage space are together. What does HOA do??? Nothing.

Again, a lady who lives near us, has her daughter and grand baby staying with her, she's in her 30's, recently moved from NC. This woman is quit doesn't make a peep, neither does the baby, what do you think the HOA does. They tell her she has to leave. How do they pick out certain people like that?

I don't understand all this. I myself (in my 20s) had to get screened with my Mom (60's) to move into my own grandma's unit, then I see these 2 teenage boys, move in their grandmas unit without anyone saying a peep to them, no one forces them to get screened. Is this normal? Am I hallucinating or is this discrimination? Someone needs to investigate this board.

Then recently, a former board member told me that screening can't keep out felons, and that they can't prevent anyone from buying a unit. ????? A SCAM RIGHT? There are so many unscreened people my age living in the units I don't even think this place can legally be considered 55 and older anymore.

Second problem. Sprinklers in the bushes have been saturating the ground and getting it wet, and as a result we believe our floor boards were destroyed. The bushes are literarily touching the outside of the unit, not to mention, its filled with mulch, and according to the plumber, its too high and illegal to be that close to the hose spicket in the state of florida. According to the HOA WE have to pay to fix the spicket and the sprinklers, even thought its on common property. I'm so confused.

Please help.

GlenL (Ohio)
Posts: 5,491

Posted:

While most posts we see here are from people claiming their HOA is too intrusive, yours is a refreshing change of pace. From your post, you seem to think that the HOA should do something but their hands may be tied. For instance while we too have posted pool hours, there really isn't any penalty for violating them. If your HOA has no fine for violating the pool hours, that would be something that needs to be put in place. Instead of moving, the man who had his car climbed on should have called the police and had the persons responsible arrested/cited for vandalism. Any violations of the law should be reported to the police and let them do their thing, not the HOA, at least not first. Start by reading your CC&R's and the applicable state law so you know what the HOA can and cannot do.

Florida HOA Statutes: http://www.flsenate.gov/Laws/Statutes/2013/Chapter720

Florida Condo Statutes: http://www.flsenate.gov/Laws/Statutes/2013/Chapter718

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

KellyM3 (North Carolina)
Posts: 2,239

Posted:

Quote:

Posted By JonathonL on 11/01/2013 9:14 PM
Some of you might remember my last thread with the problems we had with the condo pool, from unscreened 20 somethings moving in.... well...the problem has gotten worse. We recently had 2 guys around 19 years of age, move into a deceased owners unit, without being screened, they're obviously not 55, no one 55 or older is living with them, HOA says nothing. Another lady recently purchased a unit, moved in both her sons and they're girlfriends (in their 20's) one of the couples has babies and moved them in as well. Well, we recently caught them in the pool 12 at night. Called the cops. Another time, an older man in his 80's caught the 20 year olds climbing all over his car, and now he's selling his unit, because their unit garage space are together. What does HOA do??? Nothing.

Again, a lady who lives near us, has her daughter and grand baby staying with her, she's in her 30's, recently moved from NC. This woman is quit doesn't make a peep, neither does the baby, what do you think the HOA does. They tell her she has to leave. How do they pick out certain people like that?

I don't understand all this. I myself (in my 20s) had to get screened with my Mom (60's) to move into my own grandma's unit, then I see these 2 teenage boys, move in their grandmas unit without anyone saying a peep to them, no one forces them to get screened. Is this normal? Am I hallucinating or is this discrimination? Someone needs to investigate this board.

Then recently, a former board member told me that screening can't keep out felons, and that they can't prevent anyone from buying a unit. ????? A SCAM RIGHT? There are so many unscreened people my age living in the units I don't even think this place can legally be considered 55 and older anymore.

Second problem. Sprinklers in the bushes have been saturating the ground and getting it wet, and as a result we believe our floor boards were destroyed. The bushes are literarily touching the outside of the unit, not to mention, its filled with mulch, and according to the plumber, its too high and illegal to be that close to the hose spicket in the state of florida. According to the HOA WE have to pay to fix the spicket and the sprinklers, even thought its on common property. I'm so confused.

Please help.

J,

You're overwhelmed by the various issues and run the risk of inadvertently seeing problems where none may exist; I say this independently of the issues you've raised above.

Regarding the quiet baby/quiet mother who were forced to leave: It reflects that your board of directors is passive-aggressive and very easily intimidated by real problem-makers. This, in itself, creates a toxic environment because rules can't be equitably applied. However, you should support their decision to ask the mother and child to leave if you want age-limits enforced.

Regarding the teenagers moving in with their grandmother.....it would be difficult to claim discrimination. If anything, kicking them out would discriminate if the age-limits have been rendered moot by board of director inaction. Once again, misapplied core policy by your HOA board

Paragraph 3: You may be onto something with lose age restriction protection. Your board director's own admission that they "feel" helpless, in fact, reinforces my points made above.

Sprinklers.....you're over thinking. If the mulch is too deep, then personally remove the mulch around the spigot.

Your board is weak and/or physically tired and overmatched for the rigors of maintaining restrictive policies on community residency as well as addressing basic personal behavior and even property amenity function. The garage vandalism is a criminal act. The after-hours pool activity is a police issue as it's trespassing. If you're not on your HOA board, please join it and offer it your energy in correcting policies that have grown soft or explore what rules are, in fact, obsolete so the philosophical tension regard rules can be relieved, for the better or the worse. I'm the "youngster" on my HOA master association and I'm leaned upon heavily in spite of board members who are retired or semi-employed based on their age.

SteveM9 (Massachusetts)
Posts: 3,699

Posted:

Quote:

Please help.

Besides venting, what are you doing? You're quite capable of helping yourself.

You could have pruned the bush back from the house in 4 minutes.
Dug the mulch away from the faucet in 2 more minutes.
How do you know the board isn't trying to kick the other people out? It could be in progress.

AnnH5 (Florida)
Posts: 304

Posted:

Quote:

Posted By JonathonL on 11/01/2013 9:14 PM
Some of you might remember my last thread with the problems we had with the condo pool, from unscreened 20 somethings moving in.... well...the problem has gotten worse. We recently had 2 guys around 19 years of age, move into a deceased owners unit, without being screened, they're obviously not 55, no one 55 or older is living with them, HOA says nothing. Another lady recently purchased a unit, moved in both her sons and they're girlfriends (in their 20's) one of the couples has babies and moved them in as well. Well, we recently caught them in the pool 12 at night. Called the cops. Another time, an older man in his 80's caught the 20 year olds climbing all over his car, and now he's selling his unit, because their unit garage space are together. What does HOA do??? Nothing.

Again, a lady who lives near us, has her daughter and grand baby staying with her, she's in her 30's, recently moved from NC. This woman is quit doesn't make a peep, neither does the baby, what do you think the HOA does. They tell her she has to leave. How do they pick out certain people like that?

I don't understand all this. I myself (in my 20s) had to get screened with my Mom (60's) to move into my own grandma's unit, then I see these 2 teenage boys, move in their grandmas unit without anyone saying a peep to them, no one forces them to get screened. Is this normal? Am I hallucinating or is this discrimination? Someone needs to investigate this board.

Then recently, a former board member told me that screening can't keep out felons, and that they can't prevent anyone from buying a unit. ????? A SCAM RIGHT? There are so many unscreened people my age living in the units I don't even think this place can legally be considered 55 and older anymore.

Second problem. Sprinklers in the bushes have been saturating the ground and getting it wet, and as a result we believe our floor boards were destroyed. The bushes are literarily touching the outside of the unit, not to mention, its filled with mulch, and according to the plumber, its too high and illegal to be that close to the hose spicket in the state of florida. According to the HOA WE have to pay to fix the spicket and the sprinklers, even thought its on common property. I'm so confused.

Please help.

1) How do you know that these occupants have not been screened? Did they tell you this?
2) As far as the older man with 20 year olds on his car- that is a matter between him, the 20 year olds, and the police. It should have nothing to do with the Condo Association- the Association should not be in the business of law enforcement.
3) How do you know that the Condo Association is not also trying to have the other people removed? Plus, if the Association does not know about these people moving in, they can do nothing until someone informs them. After the Association is informed, it becomes a matter of enforcement and if such matter escalates into a legal matter with open litigation, you will still not be privy to it.
4) If your Condo Association has no restrictions about convicted felons then truly the Association can't prevent a convicted felon from purchasing a unit or renting a unit.
5) You are under the 55 age limit yet you seem to be very concerned about everyone else who is under the 55 age limit.
6) Overall my advice is that you should be happy that you have been granted permission to live in a 55 and older community (although if I were in my 20s I would consider it to be a big drag), you need to stop worrying about what everyone else around you is doing and not doing, work hard and save up some money so you can move to whatever community would be your ideal. I have no idea what your specific situation is like with your mom and grandma whom you live with.