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PWells (Washington)
Posts: 34
Posted:
I am live in and am a board member in a condo HOA (not a COA) that falls under old condo law acts in Washington state. We have a problem unit that is a family rental. A parent owns the unit in which he has allowed his offspring live in. The parent doesn't come around until they start getting a lot of fines. Then and only they does the parent come around long enough to correct the issues causing the fines.

The problem we have is drugs, stolen merchandise and high volumes of traffic mainly all night long. Several residents have been complaining for years to the HOA but the entire Board has yet to do anything more than fine the owner. The police are aware of what is going on but are limited as to what they can do. Within the past year the owner's offspring become a parent. Sadly the grandchild passed away at the age of 3 months for reasons unknown. Then the offspring became a parent again within the year after their first child's passing. The newest baby has yet to be brought home after 3 weeks.

There was a federal raid on the condo recently in which resulted in at least one arrest. The owner has told the board that only immediate family and the offspring are permitted to be on the property until further notice. The problem is... their offspring is inviting whomever they want including their druggie friends into the condo again that manage to avoid getting caught up in the raid.

We know the police can't do anything unless there is more illegal activities as the community is private property. The only way the police can be involved other than the obvious reasons is by catching the unauthorized guests in the parking lot and inform them they are trespassing on private property in which they can ask them to leave.

The problem is: Can the board enforce what the legal owner wants even though the offspring is the occupant? Or does the Board stand back and ignore the legal owners requests?

LarryB13 (Arizona)
Posts: 4,099
Posted:
Your board has no obligation to keep track of who is and who is not authorized to visit or live in the absentee owner's unit. That is his business.

What should be your business is the safety of your residents. California and Arizona courts have ruled that a condo association has the same duty to maintain the safety of guests and residents as an apartment complex. (I do not know where Washington courts stand on this issue.) Having drug dealing in a unit and in your common areas is a clear and present danger to all law-abiding residents.

Contact your association's attorney about obtaining a court order to remove this problem child from your premises.

FredO1 (Florida)
Posts: 18
Posted:
Short suggestion - have the association install security cameras covering the sidewalks going to and from the unit. Make sure the cameras are able to pick up the faces of everyone going in and out of the unit. I doubt these druggies want their pictures taken and possibly handed over to the authorities. Maybe the cameras will at least cut down on some of the traffic going in and out of the unit.
TimB4 (Tennessee)
Posts: 21,059
Posted:
Quote:
Posted By PWells on 09/30/2016 7:24 PM
The problem is: Can the board enforce what the legal owner wants even though the offspring is the occupant? Or does the Board stand back and ignore the legal owners requests?

No.

The Board has no authority to control who is or isn't invited into the property by residents.
The Board has no requirement to act as the agent of the member to control who enters the property (and shouldn't act as agent unless they have something in writing. Even then, I would advise against it as the Board may become responsible for any incident).
The Board, if desired, can inform the owner and the owner can take whatever action they think is appropriate.

The Board may give the police permission to enter the common area (common hallways) and enforce all laws. This is typically done by a written agreement between the Board and the local police station. Once you enter into said agreement, publish this fact. It may have that one individual think differently on who they invite.

KerryL1 (California)
Posts: 14,550
Posted:
Say, PWells, what are the fines for that the board has collected? Why can' the board keep on levying fines if the rules--whatever they are--continue to be broken?

Are you on the Board?

Can you tell us what you mean by "stolen merchandise?" Are these your HOA's common area items? Or?

DeniseM7 (Minnesota)
Posts: 10
Posted:
I have 3 rental units in the same association. I am also a board member. Our association required all landlords have a signed crimefree addendum for their tenants. Maybe the answer is in understanding your bylaws and declarations. Also find out if your community needs a rental license. I had to get one even though my property was homesteaded because my parents were living there. If they keep getting in trouble the will end up in jail. Good luck.
PWells (Washington)
Posts: 34
Posted:
The HOA has 2 sets of cameras on the property and currently 2 residents also have cameras because of on going protection orders. What I can't figure out is the offspring doesn't care about the cameras and their friends don't really seem to care either. The owner claims they had no knowledge of the unit being used for illegal activities. Which doesn't totally surprise me since the offspring usually knows when their parent will be there so they do damage control ahead of time.

I can say that all the cameras have earned their keep 100x's over just in the past 7 months.
PWells (Washington)
Posts: 34
Posted:
I am a board member as well as a block watch captain. Sadly I am the only one out of five board members that is not scared of the people coming and going. I want to issue fines as we normally would but my fellow board members would not listen to me. They are afraid of the friends will try to get even them. The offspring always comes up with excuses so they tend to believe by the offspring more than me. My fellow board members will not listen to me about that the parent (owner) will not fight every thing.

I know the parent (owner) well enough to know there are certain things they would address ASAP as well as a few that they would ignore. It has come to recent light to the parent that the offspring has been heading off all letters and any documents. Now the parent (owner) will be sent a copy to a P.O. Box as well as an email so we know they will receive a copy one way or another.

As for stolen items... I have over heard two of the friends admit to stealing the items. The others are homeless and seem to be coming in with a lot of brand new items that tend to fall out of their bags on the sidewalk as they walk towards the unit. Police have been contacted by several neighbors as well as myself but they have yet to do anything up until now because there was no proof of it actually happening at a store.

Sadly I am stuck in the middle of all of this. I know the owner, I'm a board member with experience and I know the offspring yet no one will actually take me serious.
PWells (Washington)
Posts: 34
Posted:
We have a no trespass agreement with our local police department. So the police do parole as they please but it's not very often. I have asked for units not occupied by the owner to have background checks done on prospective renters before they can move in. I have also asked for an agreement such as what you've mentioned but again... I can't get my fellow board members to listen to me or even consider it.
LindaK5 (California)
Posts: 242
Posted:
We have the same problem in our community - problems with a tenant (which is related to the owner) and the company in which they choose to hang out with. We keep in constant contact with the owner and fine appropriately. This seems to be working .... finally.
SheliaH (Indiana)
Posts: 6,964
Posted:
If other neighbors have contacted the police with their concerns, could you persuade them to attend the next board meeting and express them to the other board members? Your colleagues may be ignoring you, but it might be trickier to blow off homeowners who can vote them out or recall them for not responding. Perhaps those other neighbors could also also get together and write a letter to the owner detailing what's been going on and demanding he respond.

In the meantime, the best I can suggest is to keep bringing it up and hammering the owner whenever possible. At some point, these people may very well target other homes in the community (if they haven't done so already) and things can get really uncomfortable if homeowners find the board was aware, but most of them (except you) failed to address it.

If it is not right do not do it; if it is not true do not say it. Marcus Aurelius

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