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PauG (Maryland)
Posts: 53
Posted:
Tomorrow night is our annual meeting. Over the years hardly anyone shows up, but we have gotten word there may be more folks coming this year.

First: We have a couple of houses where illegals are using them as flophouses. They tie back the front screen door as a signal they have room. People are piling in to this house and cooking on hotplates in the bedrooms, and sleeping under a trampoline in the next yard. The lady next door has called the police about them sleeping in her yard and do nothing. Our community is on a slippery slope downward as more illegals are buying up townhouses. They are not involved in the community, don't come to meetings, don't abide by the covenants or simple common respect like throwing trash in trashcans and not throwing bulk items out by the trashbins.

People are getting sick and tried of it, and we are seeing more old time residents putting their homes up for sale to get away from it.

Advice anyone?

MelissaP1 (Alabama)
Posts: 13,836
Posted:
Determine who the owner's of the homes are. That should be located at the Tax Assessor's office. Provide a lot number or an address may suffice. Find out if they are behind in dues. You really can't do anything unless they are NOT paying their dues. If they are not paying their dues, then place a lien on the property. The next step is to pursue foreclosure. You may want to wait about 6 months after placing the lien just to get the message through they need to pay up or get out.
The HOA's hands are tied except for enforcing dues payments. Fines can NOT be part of the lien/foreclosure in MOST states. Need to check the laws pertaining to fines in your area and state.
Sorry to say, but your best bet is to keep calling the police. It gets tiresome but that's what they are there for. Use them but make sure it's for the right reasons.

Former HOA President
RogerB (Colorado)
Posts: 5,067
Posted:
Pau, if the illegals are in violation of CC&R the HOA can enforce them. If the illegals are in violation of city, township, or county ordinances contact the proper authorities. If the police do nothing when people are trespassing contact their superiors; and if they do nothing contact the news media.
MicheleD (Kentucky)
Posts: 4,491
Posted:
Police don't enforce CC&Rs and they don't enforce Zoning Restrictions either.

You need to contact the local Inspections, Permits and Licenses people, or Zoning or whomever controls enforcement of zoning laws. I would bet strongly that the area is zoned for single family and not multiple family, in which case it might be in your best interests to get them involved, instead of just the police.
BobM5 (California)
Posts: 34
Posted:
The immigration status of the individuals is immaterial. If people are violating the CC&R's and/or the Rules and Regs then fine the homeowner. Unpaid fines can then be handled in small claims court. Overcrowding can be handled by your city or county health dept and/or code enforcement office.
MelissaP1 (Alabama)
Posts: 13,836
Posted:
Most states do NOT allow for fines to be the basis for liens, lawsuits, or foreclosure. So be careful when it comes down to enforcing fines. It only works if the people are willing to pay the fines.

Former HOA President
GloriaM (North Carolina)
Posts: 829
Posted:
Contact not only the Zoning Officer but your Code Enforcement Officer as well. Your Town should have ordinances's on how many individuals can occupy a home.
PauG (Maryland)
Posts: 53
Posted:
Thanks for all the input. Our meeting went well, except only a handful of people showed up out of a community of 120 homes.

Regarding the flophouse, our city aldermen, mayor, and code enforcement personnel were contacted, as well as the police department. The neighbors have taken pictures and kept a record.
There isn't much the authorities can do, so they say.

We are going to contact the homeowner with a list of covenant violations, give him 30 or 60 days to comply. If that fails, then we might be able to go to small claims court.

It is all so frustrating to see our community affected by illegal immigrants coming in here, piling into a house, sleeping in backyards, hanging clothes out on clotheslines put up on the deck, trash, etc. When you try to talk to them they say they don't understand English.

I'll keep the forum informed of the progress because I think this is important. It will become a problem in all communities, if not already.
BobM5 (California)
Posts: 34
Posted:
If only a handful of people attended the meeting, perhaps the community doesn't share your level of concern.

Educate yourselves regarding codes. For example: in California the health code states that two adults 18 years of age or older are allowed per bedroom, plus one extra adult. The number of children is unlimited. If you can present the local enforcement authority with what specific codes are being violated then you have some leverage.

I would respectfully suggest that you stop referring to the people you are charging with violations as "Illegals." That makes it appear that you are more concerned with their immigration status than their reported violations. As an aside: How do you know that they're illegal. They may have "green cards" or, in fact, be citizens (Puerto Ricans, for example, are Spanish speaking US citizens.

It would appear that small claims court action would be best, but be prepared to cite specific sections of your CC&R's and Rules & Regs that are being violated. Buena suerte.

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