Car Service on Property

Started by MaureenM1 • 15 replies • 1576 views

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MaureenM1 (PA)
Posts: 344

Posted:

I tried searching if there was a topic already on this subject but received an error.

We have a homeowner who rents his townhome. The person renting has two vehicles listed on his vehicle registration, however, he has several towne car and two sprinters that he owns for his car service.

The Board has brought this up to the homeowner several times and were told that his tenants vehicles are parked in another township property (which the landlord owns).

There are four towne cars parked on property every day. They go in an out all hours of the day and night. the Sprinters are parked outside the gates. He original tried to park them on property but the board made him move them.

Now the board wants to get the Zoning board involved to enforce this tenant removing all his commercial vehicles from the property. Our declaration and bylaws prohibit commercial business from our homes.

I already check the zoning and we are not zoned for business in our private development. Should we contact zoning and will they be able to send a letter to the homeowner? or should this just be the Board and management company enforcing this rule?

I believe I know the answer, however, my board needs to hear it from other more experience board members.

thanks,

KerryL1 (California)
Posts: 14,550

Posted:

Our board and I think many others would follow their state's procedure for taking care of this violation. Here, we write a "courtesy letter asking the Owner to cure the violation in one month,. If that doesn't happen, we invite the Owner to a disciplinary hearing, giving legal notice. After the hearing with the violator, we fine him. In your case probably $xx per day per vehicle.

Also in our HOA, we have the right to have cars towed from the common areas if they are violating our rules. The signs are posted.

DouglasK1 (Florida)
Posts: 2,046

Posted:

If we feel county codes are being violated, we don't hesitate to contact code enforcement. Sometimes it's effective (the homeowner listens to the county where they don't listen to the HOA), sometimes it isn't (code enforcement sometimes doesn't see things as strictly as we would like). But it's free to try.

Escaped former treasurer and director of a self managed association.

JohnC46 (South Carolina)
Posts: 14,265

Posted:

Maureen

If the vehicles come and go at all hours then they are running a business out of the house.. Go after it as such.

KerryL1 (California)
Posts: 14,550

Posted:

I agree, John, and tried (with poor results) to say the same. Fines are very effective in my HOA.

MaureenM1 (PA)
Posts: 344

Posted:

The Board decided to have our Board Attorney handle this for our HOA. We are not asking our management company because the last time this homeowner received a letter regarding his tenant, the tenant who is very volatile approached a board member's home and the police had to be called on property. In addition we are in the processing of firing our management company due to incompetency.

The Board member who was harassed, spouse is very concerned if the board moves forward with a letter of violation to the landlord the tenant will again harass this Board member and come to their home.

I am going to speak to our attorney, however, does anyone have any suggestions on how to approach this so that the tenant is warned in the letter NOT to take any action against the Board or there will be legal consequences? or should our attorney CALL the homeowner and follow up with a letter.

We were told by the landlord in the past that the car service vehicles were being stored in a warehouse that the landlord owned, however, recently more and more vehicles have become visible on property and outside our gates which is still HOA property. Residents are now noticing it more than they did before and are reporting to the board.

I know we should have nipped this in the bud when it was first apparent, however, we have one board member who also doesn't want to abide by the rules and makes it very difficult to enforce. We are working with our attorney on how to rectify this also.

NpS (Pennsylvania)
Posts: 4,216

Posted:

Police in our area are very cooperative.

If we explained the history to the police, they would probably pay a visit to the tenant and let him know that a letter is coming. Then, they would probably take a few extra circuits through or streets near the time that the letter should arrive.

Since you are alerting your police of an expected repeat offense, they might take similar action.

In my experience, police are more intimidating than a lawyer.s letter.

Sikubali jukumu. Read all posts at your own risk.

KerryL1 (California)
Posts: 14,550

Posted:

Yes, per NpS, use your friendly local police dept.! I honestly don't know why you didn't earlier.

Why does the rest of your Board put up with the one who doesn't want to follow the rules? Or do you mean enforce the rules? He has only one vote?

MaureenM1 (PA)
Posts: 344

Posted:

update...

It took some time to research but we can prove without a doubt that there is a car service being operated out of one of our units. The website shows the unit's address and another address of his landlord. We visited the address owned by landlord and its a parking lot with a remodeling business on property.

Our attorney has sent a letter to the landlord to have his tenant "cease and desist" operating his business out of the unit and remove his vehicles from the property. The township also prohibits commercial vehicles parked on the street (he has a sprinter with his logo ) parked on the street outside our gates. He will be reported to our zoning officer.

This will probably escalate to the magistrate. Does the board have the authority to have this tenant evicted from the home if he ignores this cease and desist request and/or becomes violent?

Any advice would be appreciated.

TimB4 (Tennessee)
Posts: 21,062

Posted:

Quote:

Posted By MaureenM1 on 08/02/2016 3:46 PM

This will probably escalate to the magistrate. Does the board have the authority to have this tenant evicted from the home if he ignores this cease and desist request and/or becomes violent?

Typically no. However, read your governing documents to be sure.

If you or anyone feels threatened or unsafe, contact the police.

Thanks for the update.

MaureenM1 (PA)
Posts: 344

Posted:

Our attorney has sent a registered letter to the "landlord" (homeowner) not the tenant. Not sure if I made that clear.

DanaT (Tennessee)
Posts: 214

Posted:

Quote:

Posted By MaureenM1 on 08/02/2016 4:57 PM
Our attorney has sent a registered letter to the "landlord" (homeowner) not the tenant. Not sure if I made that clear.

Sorry, you did make it clear. I just got stuck on the tenant getting hostile and assumed. My bad.

DaveD3 (Michigan)
Posts: 796

Posted:

Quote:

Posted By MaureenM1 on 08/02/2016 3:46 PM
update...

It took some time to research but we can prove without a doubt that there is a car service being operated out of one of our units. The website shows the unit's address and another address of his landlord. We visited the address owned by landlord and its a parking lot with a remodeling business on property.

Our attorney has sent a letter to the landlord to have his tenant "cease and desist" operating his business out of the unit and remove his vehicles from the property. The township also prohibits commercial vehicles parked on the street (he has a sprinter with his logo ) parked on the street outside our gates. He will be reported to our zoning officer.

This will probably escalate to the magistrate. Does the board have the authority to have this tenant evicted from the home if he ignores this cease and desist request and/or becomes violent?

Any advice would be appreciated.

Probably, yes you can evict. Likely under a court order at the end of a lengthy process.

If you don't have one, consider adopting a definite plan for violations. i.e.
Notice of violation and friendly letter is send requesting compliance within X period of time
Second notice is sent y days later, demanding compliance
Fine is assessed (per published fine schedule) on day z
etc...

MarkM31 (Washington)
Posts: 351

Posted:

Remember, what you want a commercial business to be isn't always what the courts say one is. Parking cars may not meet the metric.

In this age of day trading, investing, tele-commuting and working from home, the lines have become blurred.

MaureenM1 (PA)
Posts: 344

Posted:

It's not parking cars. It's listings on the internet with the unit's address, it's parking Sprinter 20 passenger van outside our gates on cutouts (our property) and street (against township ordiance), it's vehicles going in and out of the development all hours of the day and night (website states is opened 24 hours per day, 7 days per week), it's him bringing his vehicles on property to wash Sprinter in driveway, it's him hiring another family in development to drive for him and parking vehicles on street (prohibited) and in cutouts, it's wear and tear on our gates. It's a car service and prohibited by our declaration and Township ordinances.

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