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JimR24 (Texas)
Posts: 399
Posted:
Hi - there is a resident making claim of a peeping tom incident from a close neighbor of hers. We are a single story condo association with individual 4 and 5 unit buildings. What do u think? Is this something that our Association should get involved in?

Anyone have any experience with this sort of thing?

Lovin' life with my honey!
and, President of HOA in Texas
LarryB13 (Arizona)
Posts: 4,099
Posted:
Jim,

I have serious doubts that your governing documents address the issue of peeping toms. The person who is being peeped upon should be directed to call the police, not the association.

JimR24 (Texas)
Posts: 399
Posted:
Hi Larry - yes, u are correct in saying that our governing documents do not address the issue of peeping toms. I have already checked and our documents are silent on the issue. The person who is making the claim has already been told to call the police; however, i am not sure if she has done this yet.

Another piece of information being tossed around by board members is that, since this is a private condo site - that the police would have no jurisdiction. Doesn't seem right to me; however, this has not been tested. What do u think?

Quote:
Posted By LarryB13 on 06/05/2015 6:34 PM
Jim,

I have serious doubts that your governing documents address the issue of peeping toms. The person who is being peeped upon should be directed to call the police, not the association.



Lovin' life with my honey!
and, President of HOA in Texas
SteveM9 (Massachusetts)
Posts: 3,699
Posted:
Unless your HOA has the power to arrest someone, I suggest leaving it to the police.
JohnC46 (South Carolina)
Posts: 14,265
Posted:
Jim

Not an HOA matter. Have the one being peeped on call the police.
LarryB13 (Arizona)
Posts: 4,099
Posted:
Quote:
Posted By JimR24 on 06/05/2015 6:41 PM
Another piece of information being tossed around by board members is that, since this is a private condo site - that the police would have no jurisdiction. Doesn't seem right to me; however, this has not been tested. What do u think?


Shoot one of those board members and see if you get arrested.
KerryL1 (California)
Posts: 14,550
Posted:
I and other residents in our "private" HOA high rise have called the police and they do show up! They drive up and are given elevator access and come to individual condo units.

Th EMTs show up too.

TimB4 (Tennessee)
Posts: 21,059
Posted:
Jim,

As others have said, it's a police matter - not an association matter.

Being private property, the police won't enter unless invited or following a suspect. A complaint by a resident would be an invitation for the police to enter.

I live in a private development. In order to have the police enforce vehicle laws on private property, the Association has placed on file with the police department a letter authorizing them to enter the property to enforce those laws. The format of the letter came from the police department. If your Board is concerned that police won't respond if called, contact them and see what permissions the Board has to grant.
JimR24 (Texas)
Posts: 399
Posted:
Sure do appreciate all of you helping me think through this. Lots of good information here. Am proud to be a part of this discussion group. Thanks!

Lovin' life with my honey!
and, President of HOA in Texas
CyrstalB (Maryland)
Posts: 457
Posted:
Whomever thought the police would have no jurisdiction in such matters because your a condo, should not be on the board of said condo. That's if it was a board member. And as a board, I would take this "concern" with a grain of salt because the police were not called.
BobD4 (up north)
Posts: 1,002
Posted:
Jim R24 : "Anyone have any experience with this sort of thing ?"

as a peeper ?

as a property manager, Board member or paralegal ? or . . ?

You might ask the police if matters could be helped by a Circular alerting owners to the (undisclosed) report along with the police contact details.

Perhaps police may caution the victim that at least one (male) condo owner was convicted of indecent exposure for nude interior appearances inside the unit near his picture window; 'peeper' defence did not protect him where his victims were children.
MelissaP1 (Alabama)
Posts: 13,836
Posted:
This is a police matter and a photo opportunity... Just sayin... We had a guy walk around his house butt naked. He was a real perv. I know first hand cause he tried to feel me up and he exposed himself at the pool... Nothing I could do as President... However, as a "woman" I spread the word about him. Especially to my most trustworthy male neighbors. I asked that they never let a woman alone with him. If they had to leave, then to inform the woman of this man's history. We had it on the "down-lo" to avoid him. The police did have a report on the pool exposure but they never claimed to have "found him" to process the report.

Former HOA President
JimR24 (Texas)
Posts: 399
Posted:
Excellent information offered here on a tough issue. Sounds like our contact with the local police - to have a general conversation about things...and what procedures they have to follow - would be appropriate. Good learning opportunity for us. Thanks!

Lovin' life with my honey!
and, President of HOA in Texas
CyrstalB (Maryland)
Posts: 457
Posted:
Quote:
Posted By JimR24 on 06/06/2015 8:22 AM
Excellent information offered here on a tough issue. Sounds like our contact with the local police - to have a general conversation about things...and what procedures they have to follow - would be appropriate. Good learning opportunity for us. Thanks!

and bring the person who was violated as well. And if the police don't jump fast enough to assist in anyway, don't hold it against them. They are busy and unless a complaint is filed, your situation will not get the full attention it deserved.
JimR24 (Texas)
Posts: 399
Posted:
Here is an update on how this was handled....FYI.

The person (husband, and wife became involved too) who was claimed against - and, who also volunteers frequently to help with some of our maintanance tasks, requested an informal, reconciliation meeting with the person who made the claim. This implication was that he (the husband) did, in fact, walk behind some of our buildings on maintenance tasks; however, he did not look in the person's window.

The President of our Association agreed to set up this informal meeting - and the elderly person (female) who made the peeping tom claim agreed to come to the meeting.

Between the time of the peeping tom claim and the date of the meeting, we learned that the same person had made a similar claim against another neighbor - and, according to her story, the Association forced him to move away; and because the Association had forced a previous neighbor homeowner to move - she felt that the Association should force these neighbor homeowners to move away too.

It was stated to her that our Association did not have - and never did have - the authority to force a homeowner to move. I have checked our governing documents and can find no authority of the Board's part, which would allow our Board to force a homeowner to move, regardless of the circumstances.

To make a long story short, the female claimer refused to show up for the meeting, also appears to be refusing to answer any phone calls following up on this - and no police report has been filed to date.

What do ya'll think?

Lovin' life with my honey!
and, President of HOA in Texas
MelissaP1 (Alabama)
Posts: 13,836
Posted:
I think you refer this woman to the police to file a report. Let them sort it out. This is not a HOA matter. No the HOA can not force someone to move other than foreclosure. That is only for unpaid dues. These people moved because they choose to.

Former HOA President
JimR24 (Texas)
Posts: 399
Posted:
Appreciate the response Melissa - yes, three people (four, when my own advice to her is included) have told her to report the incident to the police.

Now - based on what what things appear to be - there is (in my humble opinion) a probability that the incident never happened. Pershaps there is some mental instability which caused the claim...not sure.

Have any of you had any experience with homeowners making false claims against neighbors to bring about a particular result? What do u think?

Quote:
Posted By MelissaP1 on 06/08/2015 5:57 AM
I think you refer this woman to the police to file a report. Let them sort it out. This is not a HOA matter. No the HOA can not force someone to move other than foreclosure. That is only for unpaid dues. These people moved because they choose to.


Lovin' life with my honey!
and, President of HOA in Texas
JohnC46 (South Carolina)
Posts: 14,265
Posted:
Jim

I think you all are getting involved with something you should not be involved with. It is not an HOA issue and you should not even be discussing it, never mind having mediations/discovery meetings.

I think by now most in your association know the gal is a bit off her rocker.

Tell the old gal to call the police then ignore her.
PitA
Posts: 311
Posted:
I think you all are getting involved with something you should not be involved with. It is not an HOA issue and you should not even be discussing it, never mind having mediations/discovery meetings.


I presume the directors have a 100% reserve fund and all required maintenance is 100% complete and all assessments 100% paid.

Therefore they have nothing better to do than become mediators of personal issues.

MYOB which is the operation of the corporation, NOT police matters.
MelissaP1 (Alabama)
Posts: 13,836
Posted:
Ironically, my "naked man" issue happened to be next door neighbors to a elderly neighbor/board member. She started to have memory and health issues. A few of us neighbors started taking care of her off and on till her family stepped in. Well she grew up on the age of "segregation". Down here in the south that doesn't mean "Racist". It was just the way she and many other elderly were raised back in the day. Now a days that view isn't the one we take.

Anyways, the "naked man" happened to be of color. She could not see his naked antics because there were no windows on her side the house or his. So one day after the exposure at the pool and other incidents, I told her about them sensitively. Well before I could tell her who the suspect was she goes "I really like that black man that lives next door. He is really nice and helped me." I could not tell her as she's wasn't one to speak highly of one of color. So I just let it go and he later moved out. He wasn't going to hurt her. I later told him after he moved out about what he had been suspected of.

So you just have to basically LISTEN to them complain. I found most of the time you just LISTEN it makes them feel better. Explain to them the process. Repeat it several times if necessary. Tell them they have to put it in writing. That letter will be read at the meeting. Make sure the process for these type of situation will go to the police to investigate. Have patience. Put in a write issue down and read it outloud policy in place may deter people from submitting crazy complaints...

Former HOA President
PitA
Posts: 311
Posted:
.......yeah, ENABLE the senility / insanity

they / we are OLD

the WORST place for us is 'amongst our own kind'

we would be better known as 'the old crank down the block' than as 'normal' (as in part of the norm)

ps. there is no one but old folk around to help us ... no 'kid down the block'

? ain't HOPA wonderful ?

..... rant over

JimR24 (Texas)
Posts: 399
Posted:
Just speaking for myself here, but i was real proud of the way our Association (especially our President) handled this issue. In my humble opinion, some benefits we gained were...

- our response was in line with our aspirational (uh, community building) focus. In addition to our administrative structure operation (for violations, financial planning, administration and such) - we attempt to build community within our neighborhood to the extent possible...when the opportunity is there.

- by virtue of how this incident was handled, we now have additional information about how we can best respond to neighbor complaints of this sort. We are now much more aware of how to handle neighbor distrubances within individual homes, when requests comes.

- And, we now have a better ability to discriminate between need for police action and the internal affairs of our neighborhood. Listening and patience sometimes works well!

Thanks to everybody for your opinions on this. Excellent!

oljim, in texas

Quote:
Posted By MelissaP1 on 06/08/2015 7:19 AM
snip....
So you just have to basically LISTEN to them complain. I found most of the time you just LISTEN it makes them feel better. Explain to them the process. Repeat it several times if necessary. Tell them they have to put it in writing. That letter will be read at the meeting. Make sure the process for these type of situation will go to the police to investigate. Have patience. Put in a write issue down and read it outloud policy in place may deter people from submitting crazy complaints...


Lovin' life with my honey!
and, President of HOA in Texas

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