HOA HOME OWNER PROBLE WE NEED THE MOVE OUT

Can someone help me I I'm an owner of a house at Gatlinburg TN. And the board is trying to find out if there's any law that help us .

75% of the owners want to make a owner move out of the house this person is making the neighborhood miserable and everyone that is living here.

Please help!
Thanks

Joanna,

As Larry posted, I also am unaware of any statute that would require someone to vacate their property except for:

Age restricted community (no one 55 years of age occupying the home)
Health hazard (causing the County/City to deem the house uninhabitable)

If covenants are being violated, the Association (or any owner) may take the necessary steps to bring the person into compliance.

Some people simply make bad neighbors.

No you can not force an owner nor a renter to move out. If they do not pay their dues and you have a policy set up with a timeline of when to lien and then foreclose is the only thing. Even then if they pay the money they owe, the foreclosure stops.

What the issue? A HOA is NOT responsible for "keeping property values". It only to keep the property ATTRACTIVE to potential buyers. So start applying your restrictions.

Or in Canada:
http://www.theglobeandmail.com/news/british-columbia/condo-owners-ordered-to-sell-unit-after-parking-spot-dispute-that-wouldnt-end/article18660988/

http://www.ctvnews.ca/canada/why-court-orders-forcing-residents-to-sell-their-condos-may-become-more-common-1.1515556

http://www.cbc.ca/news/canada/british-columbia/surrey-condo-owner-forced-to-sell-after-complaints-1.1322672

Very impressive pick up by Glen L(Ohio)above about the total expulsion & unit sale ordered by court order against a geriatric VISITOR PARKING scofflaw.

( The compulsory expulsion & sale was actioned not for VISITOR PARKING shenanigans.

It was ordered for contempt of court for endless re-filings of the same beef about the same factuals. As a pro se or SRL self represented litigant with time on his hands, the beefer dragged the strata corp through fifty 50 court appearances before 28 different judges. Apparently court staff did not have the authority or willingness to enforce prior judicial injunctions against more re-filings ! )

The best ( an anonymous online ) one liner about the now physically expelled visitor parking scofflaw & judicial stalker was :

The good news is that now he qualifies to use the Visitors spot ! He needs to look at the bright side of things !

Joanna,

I have some personal experience in this and you may be in a no-win nightmare.

My own mother was the neighbor from hell. In her case it was mostly barking dogs. For forty years! She owned one mentally disturbed dog after another. The neighbors hated her. The mailman hated her. As the years rolled on my mother's mental ailments combined with senile dementia and she started confronting the neighbors with accusations that they were coming into her house and "moving things around." (That's why no one can find their car keys; the neighbors came in and moved them around.) My mother was also a hoarder; the house stunk and it was a firetrap. I learned later on that there was actually a warrant issued to arrest my mother for failing to appear in court on a barking dog complaint.

We sought help from attorneys and the Adult Protective Services. Every attempt at getting assistance from a public agency failed. In the end we were able to trick my mother into signing a power-of-attorney. This allowed us to use her considerable wealth to pay for relocating her from Ohio to Arizona and placing her in a home. My mother ultimately spent the last 9 years of her life in nursing homes.

We are currently also going through a similar mess with my wife's uncle and the situation is unresolved so far.

The bad news here is that unless your neighbor is a clear and present danger to someone you will receive no help whatsoever from the law. Courts are extremely reluctant to terminate the rights of an adult. Most social agencies do not want to take on the expense of warehousing a mentally ill person. (I am assuming that whatever your neighbor is doing is rooted in some form of mental illness.)

Can you describe a bit more about what this neighbor is doing? Is this a single person living alone or is there an entire family involved?

Well I appreciate every ones opinion. And thanks for some of your info and personal stories.

This lady live with her husband. And 3 dogs. 2 of them always on her fence patio but one of them always lose in the street. (We have a leash law here in Gatlinburg and same law in the HOA book) she think she can do whatever she wants to. She take pictures of people houses she was found taking mail and putting back to their mail box. She's being taking by police because of so many issues. She is the kind of person that will put dog poop on your driveway just because you didn't say good morning back to her. She had the last month calling the police on different neighbors because someones dog is barking or because she walked in front of someone's house and heard the radio or tv. Always making this calls that police have to respond and then find out was just someone trying to make someone else miserable.

She didon't paid her water dues some home owners shut off her water and lock the valve. And she cut the lock and put one of her own and open the water. This done 5 times. And police was called and make a report but they can't do nothing until they see her doing this or with video or pictures.

Every new neighbor tried to be her friend and with the time realized that they couldn't because she was nuts. Already 2 neighbors move out because she was having law suit against them for stupid things and when she had court case she will go without lawyer or asking to postponed because she need more time for build her case. At the end she always lost but is the problem of having that experience over and over.

And more things like this... and the law is protecting us but they don't do nothing to her on less she touch someone.

Thanks.

Joanna,

Since she is in the wrong and has no legal basis for her claims maybe if everyone gives her no attention negative or positive she will give up and leave on her own. Sounds like has mental issues/plain crazy. (Hopefully she is not dangerous.)

She must like the attention. IGNORE HER eventually she will find something else to do with her time.

I's only address the dog issue if you can.

good luck

No. We tricked her. We also tricked her into going into the nursing home by telling her it was the training school for being appointed to the federal bench. (She was so delusional at that point she really believed that at age 75 and without any legal background that she was going to become a federal judge.)

Technically you are correct about the invalidity of the power-of-attorney. I am guilty as charged and really ashamed of myself. As, I am sure, are all the other family members who participated and/or knew what we had done and remained silent.

ps.

you will NEVER see Dante's ninth circle

(a good thing, 'google' it)

Can you clarify this for me? You stated that "some home owners shut off her water and lock[ed] the valve." Was this action taken by your association or was it done by frustrated neighbors?

If your association supplies water to homes, your association should already have rules in place when water usage has not been paid. I assume that somewhere within those rules is to lock out the non-payer.

Since this person has a history of cutting off locks, my first recommendation would be to amend the rules to something like this: "If a homeowner has at any time in past removed an association lock on a water line, the association may at its sole discretion hire a licensed contractor to physically disconnect the home's water line without additional notice. The cost of physically disconnecting and reconnecting the water line shall be a lien upon the property."



Many states have statutes that impose penalties for filing frivolous lawsuits. The catch is that the defendant must request relief. The courts seldom impose penalties without a request.

The neighbors who moved out may have grounds for seeking damages against the offensive homeowner but it is up to them to seek relief. If they are willing to eat their losses then there is not much you can do to assist them.

You might consider trying to amend your CC&R's to give your association control over who may occupy a property. Perhaps someone can offer up some language that would allow the association to oust a troublesome occupant. I do not believe that an association can prevent anyone from owning property but they may be able to control who occupies it provided it does not violate the owner's civil rights.