Can you try to evict problem renters in the community?

Doubt that you can "evict" the renters from the community, as your relationship is with the owner, and the owner's relationship is with the renter - no "third leg" there between HOA and renter.

If all of the illegal activities that you have listed occured, I would contact my local police department, they often have a "community officer" who is assigned to designated areas, which may include yours.

Properly enforce the rules and regulations (CC&R's) of the community, and document, document and document again, to the OWNER, the infractions, applying fines were appropriate to the owner. Hopefully the owner will get the message, and responding as appropriate with getting their tenants to adhere to the community's rules, or the owner (not the HOA) can begin whatever "corrective" actions are appropriate and allowed under law.

I stated this above, but feel it needs to be stated again. You (HOA) have a relationship with the owner, NOT the renter, any contact with the renter, absent a valid, or emergency situation, would be inappropriate. It is the owner's responsibility to control the renter, not the HOA's. Do not overstep your bounds/authority...

You can't evict someone if you don't own the house; that is not the Association;s job. If the owner doesn't care, then you need to provide incentive for him to care. The police and his pocketbook are great places to start.

Are they violating any Association rules that the owner can be fined for? If you call the police enough, they will care. Can you video tape these activities?

The association should force the Owner to have his tenants comply with the governing documents of the HOA. If the tenants fail to do so, it is the Owner that should evict the tenants.

If the Owner fails bring the Owner to a hearing and proceed in accordance with your state Planned Community Act.

John, I disagree with your assessment that the police cannot help. As a former (federal) law enforcement officer, I can tell you that your local police can play a pivotal role in the HOA's issues. Police presence, absent a "report" deters crime (not that it prevents it, just that you make the bad guys leery of doing so in the open). As to statistics, yes the stat's might go up for that community for the researched and documented period. However that is not a permenant "marker" against the community for future/potential buyers - as much as a future/potential buyer driving thru the community and actually witnessing the behaviors that were described by the poster (or worse if it goes unaddressed).

The whole point behind an HOA is levels of responsible self-governing, to which sometimes hard decisions have to be made, for the betterment of the overal community. While I wish that no resident of an HOA had to deal with such silliness, it does happen from coast to coast (bad apples of every season). To "cut and run" will only make the situation worse, when you have concerned and involved residents on the HOA Board, they can, and will make a difference.

THE OWNER OF THE PROPERTY IS LEGALLY BOUND. I'M SURE SOMEPLACE IN YOUR COVEDANCE AND RESRICTIONS THERE SHOULD BE LANGUAGE ABOUT QUITE ENJOYMENT OF YOUR PROPERTY. NOTIFY THE HOMEOWNER THAT YOUR RIGHTS ARE BEING ENFRINGED UPON, AND TO MAKE HIS TENANTS COMPLY, OR ELSE THE BOARD DOES HAVE THE RIGHT OR CAN VOTE IN THE RIGHT TO LEVY A FINE. MY FATHER ALWAYS SAID, "I'F YOU WANT TO GET A PERSONS ATTENTION, PINCH THEM IN THEIR WALLET".

Jim:

I applaud you for getting your situation taken care of, my question is how does your nuisance clause read? I am curious because if the police did not write a report then they didn't believe anything wrong took place and I am wondering what your support is to then fine the homeowner?

I guess my question is if the homeowner decided to challenge in court what proof would your HOA have that anything happened.

JamesC:
Are you saying that Article X Special Provisions was an article with verbiage as you have quoted from inception of your community with the Developer-appointed document...? OR,

has the Board now voted, with resident majority, to add this verbiage to your official document/s as an amendment.??

Pls. clarify for us. Thanks.

Up to yesterday, I drove on a short street that had 3 speed bumps - that's the answer to the speeding problem. (The only opposition to speed bumps is medical emergency vehicles.)

As far as the other problem is concerned, perhaps the management company could find a way to communicate to the owner, that a camera is being installed on the street (for the speeding problem of course), and that the licence plate numbers will be given to law enforcement. They can also remind the owner of -

Judicial Forfeiture
If a claim has been filed in a timely manner, the FBI must transmit it to the United States Attorney (USA) and the administrative forfeiture must cease. If the property subject to forfeiture is not a monetary instrument or a hauling conveyance, and is valued over $500,000, the proceedings must commence as a judicial action. In addition, if the forfeiture action is against real property, the proceedings must be judicial, regardless of the value of the property.

Burden of Proof
The burden of proof on the FBI to seize property for civil, administrative and judicial forfeiture is probable cause. This burden must be met to satisfy both statutory and constitutional requirements. A civil forfeiture action commences upon notification by mail and publication of the government's intent to forfeit the property.

Probable cause for an administrative forfeiture is defined as a reasonable ground for belief of guilt, supported by less than prima facie proof, but more than mere suspicion.

In response to the original post by AlexaH. You can't do much about the renters, but you can certainly do something about the owners attitude.

Does the HOA have to approve leases? If so, when the current lease expires you can refuse to approve the lease. You'd need to have multiple documented violations to do so.