Problem Homeowner Having Too Much Traffic at his Home

Started by SteveC13 • 18 replies • 1818 views

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SteveC13 (South Carolina)
Posts: 5

Posted:

I'm on the board of a relatively new HOA and we are having an issue. One person in particular is causing a problem due to the number of guests he has coming into the neighborhood. He has several dozen people a day on the weekends coming to his house. When approached he calmly stated that he never had more than 3 cars at his house at the same time and that he wasn't violating any rules. Technically he is right. There is nothing specific in our bylaws concerning the number of guests, only how many he as at one time. If we pass a new rule, he won't be held to it and will be grandfathered in, correct?
It's a real problem. Several neighbors are suspicious that he sells drugs out of the house and that might be the issue but I think that's just neighborhood gossip. This is a 500k-2.5 million neighborhood, I jsut don't see that being possible.

Thanks for any info you guys might have.

JohnB26 (South Carolina)
Posts: 1,569

Posted:

GET A FREAKIN' LIFE

if you made the same complaint against me I would make certain that

ALL your problems would be solved FOREVER

TimB4 (Tennessee)
Posts: 21,059

Posted:

Steve,

If he isn't currently in violation of any rule, then there isn't much you can do but lobby to amend the existing rules. However, I personally don't support changing a rule to go after an individual member (which is what your post sounds like you want to do).

As for grandfathering, what I've discovered when I had my issue is that grandfathering is not automatic. If the rule you want to change deals with structures (like sheds), then those who already have approved changes would need to be addressed. This is typically done through grandfathering. Otherwise, the Association could find themselves in the middle of legal battles over the issue.

However, if the rule is something like the number of guests, then there would be no need to grandfather anyone as the change in the rule would not have damaged anyone.

Note: Typically rules that affect individual lots or activity on those lots need to be within the CC&Rs. If you create a rule that is in conflict with the CC&Rs, the Association would likely lose any legal challenge to that rule.

BonnieG1 (Nebraska)
Posts: 1,186

Posted:

Just because a person lives in an expensive house, does not mean there is no drug dealing going on. Maybe that is how he affords the house.

Although in a senior condominium, we have a similar problem. We are having a police officer come to one of our social meetings to inform us on safety measures we can take including safety on the internet. We have had a lot of thefts since October 2012. Most things that are stolen are mostly not worth much. It appears someone is taking items just because they are not locked or nailed down. For instance a flowered pen.

I know for a fact that a large amount of traffic coming and going is indication that drug activity may be going on. The police may already be watching the house.

LarryB13 (Arizona)
Posts: 4,099

Posted:

The issue here involves what an owner is doing on his property. Unless your CC&R's grant such a power, your association cannot dictate who visits when. Unless you can prove that the owner is violating some provision of your CC&R's, such as operating a business, you will need to amend your CC&R's instead of passing some sort of rule.

JoK2 (California)
Posts: 198

Posted:

Welcome to world of being on an HOA board! One way to help things would be to not help spread the "gossip" you don't "think" to be true. Especially on a public forum. As a board member you need to be very, very careful of what you say and who you say it to. You stated you didn't think that to be the case, then don't say it out loud until you have concrete proof.

You've done your duty, you've spoken to them, they were "calm" enough to listen and to reply. How lucky that it went well for you, if that homeowner gets wind of this "drug dealing" theory, it may not go so well the next time they are approached.

There can be a number of "good" reasons why he has a lot of people over all the time and shame on everyone who automatically thinks they deal drugs. I am afraid to ask if there is stereotyping going on with that strain of gossip. If it were an elderly couple, would that type of assumption happen?

I know this won't help you with this particular situation, however I feel it's important advice for a new board member.

GlenL (Ohio)
Posts: 5,491

Posted:

Maybe he's not dealing drugs, maybe it's a sex party or shocker, maybe its some friends getting together to watch sports and drink a few brewskies.

Seriously just because someone whines to the Board about their suspicions, unless it violates a CC&R it's not the Board's responsibility to DO SOMETHING. Tell the busy body that they are not violating any CC&R's and that if the whiner, excuse me, I mean concerned homeowner suspects illegal activity they should report it to the police because the HOA doesn't have an undercover drug unit.

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

SheliaH (Indiana)
Posts: 6,964

Posted:

Are these cars parking illegally (e.g. in front of a fire hydrant?) Do the guests stay for a few hours or do they come in for a few minutes and then leave? Is there a noise or trash issue – or both? The parking, noise and trash may be something the board can address, otherwise, a bunch of people coming to the house isn’t necessarily an issue by itself. Tell the neighbors unless they see and hear that type of activity, there isn’t anything the board can do. If they suspect suspicious activity, they should be calling the police at its non-emergency number unless they see a crime in process.

We had a similar complaint several years ago – the night the issue came up, the girlfriend of one of the tenants who lived in the house came to the meeting during our resident forum. Someone mentioned the neighbors were a bit concerned because of the foot traffic coming in and out of the house and she said she’d mention it to her boyfriend. Within a month, they were gone (apparently, they hadn’t paid rent either and the landlord had stopped by to ask about that when – surprise- he found the house empty).

If it is not right do not do it; if it is not true do not say it. Marcus Aurelius

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