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BrianK1 (Colorado)
Posts: 54
Posted:
The trouble started with the first stage, to power wash the building. Although painting notices were posted to the doors, there were several cars left in the parking lot next to a wall of siding. Instead of covering these few cars with plastic (at extra expense to the HOA) the power wash was re-scheduled for the next working day. That did not go well either; patio furniture was not moved, and one car was left in the lot where the painter would be working. All attempts to contact the tenant by telephone or door knock failed (conked out asleep upstairs) so the painter carefully covered the car in plastic to prevent damage by falling paint chips, as is his usual practice. Soon the car's owner was taking photographs of his car with the plastic on it. Of course, the car suffered no damage to the finish by the thin strips of masking tape holding the plastic in place. Ever since this incident, the tenant has been holding a grudge and refuses to comply with any painting notice posted to his door. He claims that he wasn't properly notified, and considers all notices to be from incompetent people. He refuses to speak to anyone about preparation for repainting, whether it's the painter, the condo owner to whom he pays rent, or any officer of the HOA. He has blocked the telephone numbers of an HOA officer and the condo's owner, and refuses to speak to them at the door. We are not harrassing him, but we would like to get all parts of the building repainted. The last time I was able to speak to him on the phone, he said that if anyone attached masking tape to his car, or moved his property from the patio area, he would call the police and report it as criminal mischief. During this time, repainting work is done on other parts of the building instead of the grudge areas. The other residents whether tenants or owners, had no trouble complying with the preparation instructions. The painter's schedule has little time for the HOA sending legal notification by certified mail, if that would be necessary. The posting of a car towing notice is not planned. Instead, I would like to arrange to have a police officer present at a certain time and date when we again cover his car with plastic, and move his patio furniture away from the building. Is this the wise course of action?
Jadedone4 (Virginia)
Posts: 495
Posted:
Brian,

Want to make sure I have a few points clear...

This is s a "tenant" and not an owner?

Notice was sent via mail, community methods, notice on the door of unit, and "knocks" on the door by the painter, HOA, and other parties?

IF the person is NOT an owner but a renter, the HOA should not even have a conversation with the tenant (if he/she is acting in this manner), as the HOA's relationship is with the Owner. The HOA should have a candid conversation with the Owner, and explain that any reasonable costs associated with securing his unit for painting, will be incurred by the Owner. As long as the HOA has made reasonable accomadations to secure notice, and to secure the area to be treated - the HOA has done it's part. It is now the responsibility of the Owner to properly prepare his property for the HOA's maintenance/painting, etc.

I would not risk putting tape, plastic sheeting, etc on the tenant's property again, as it is apparent that this tenant will attempt to find something "wrong," later. While it maybe a "PIA" (pain in the ***) to operate this way, you must first engage the owner of the property, for them to "reign" in his/her tenant, and the move your course of action to complement.

MelissaP1 (Alabama)
Posts: 13,836
Posted:
Sounds like this is a renter correct? This is imporant. If it's an owner it's a whole other problem resolution. I will give advice as if this is a renter. In that case the above poster is correct. Go ahead and do the work. Do the best you would to protect anyone else's property. Don't go above or make special concessions.

If you feel more comfortable having a police officer present, by all means do it. He should be there to protect the worker doing the work. I would most likely have requested an officer to be present if at all possible. Just keep in mind that an officer is busy and may NOT come out unless there is a confrontation.

The HOA is responsible ONLY to the owner and NOT the renter. IMO you are NOT harrassing this person although he may be taking it that way. There's NO harassment considered if it is a proper notice no matter what he considers the source.

I have a parable on this situation bare with me.... There was a great flood. This man in the house said "I won't leave because God will save me" to the fireman when asked to leave. Later, the water rised... The man yet again told the rescue worker "God will save me". The water got to the roof. The man told the helicopter operator, "God will save me, I will NOT go". The man drowned. He gets to the pearly gates. He asks God : "Why didn't you save me?". God replies: I sent a Fireman, a Rescue worker, and a helicopter!!!. Sometimes we are looking for answers from a "higher" source when the source is already around us.

Former HOA President
BradP (Kansas)
Posts: 2,640
Posted:
Even though you can't really see it, putting tape on a vehicle and sliding plastic sheeting on a car does do damage to the finish. Why don't you block off the parking area so the painting can get done, they must leave for work at some point so block it off. As for the patio, leave it alone, just document you tried and when they move you can paint it. Unless it gets to a point where painting is needed to prevent damage I would let it be for now.
MicheleD (Kentucky)
Posts: 4,491
Posted:
Why are you trying to protect his property?

I would simply post a notice on his door regarding the date and time of the repainting and state that if he does not take precautions to prevent his property from overspray that is his problem/expense and then go ahead and paint regardless of whether he moves his personal property.

I find it interesting that he refuses to communicate with the "condo owner" to whom he pays rent.

BrianK1 (Colorado)
Posts: 54
Posted:
Thank you for your good advice. The car owner already has a grudge against the Owner for raising the rent. The Owner raised the rents a lot expecting the tenants to move out so he could remodel. Some stayed. Fortunately for us, the same Owner also owns the unit next to the parking lot. Because of this simple fact, he is more motivated to convince his renter on the other side of the building, to move his car. Based on that little detail, and the advice I got here, I've instructed the painting contractor to not touch his car again ever, or cover it with plastic. It will be up to the Owner of the building whether he wants a 3-sided paint job or a 4-sided one, so I'm confident that they will work something out and get the car and patio furniture moved.
GloriaM (North Carolina)
Posts: 829
Posted:
This is one good reason you should always deal with the Owner and have the landlord force the tenant to comply. The landlord is the one with the power to enforce the guidelines. It is the HOA with the power to enforce the guidelines with the Owner.
JM2 (Oregon)
Posts: 439
Posted:
Hi Brian:

Just a few thoughts:
1) Does your HOA have the power to tow cars per the CC&R's? If so, you could follow that procedure (to the letter) with appropriate notice.
2) Provide notice to both the owner of the unit as well as the renter.
3) If there are provisions in your contract that will raise the cost of the job if the car is not moved, etc., then see if there is a way to enforce that against an owner for raising the cost of the job; if so, advise the owner that this will happen.
4) Make sure that any proper notification to the resident is made, per the associaiton documents; also, check with the owner regarding the notice he needs to give regarding the lease - they may be different. If that is the case, then ask the owner to give proper notice, but for an overly broad period of time (such as two days notice, but that work will be going on for a week) so that the renter is given proper notice by both the HOA and owner.
5) Ask the owner if there is a clause in his lease that provides for a default if the renter violates the association rules; you may be able to do both the associaiton and the owner a favor if there is such a clause.

Best of luck...

J. Patrick Moore, CMCA

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