Board NOT Enforcing CCRS

Our board is well aware of a long time problematic tenant / renter unit our building. There has been multiple calls, emails, police issues for domestic problems, security issues, basic disturbance. I am keeping this short as it could be a mini version of War and Peace. there is NO dispute of the noise issues. Myself have been logging complaints since November of 2015. Our newest neighbor 8 months.

I myself had ameegin with the owner / landlord who essentially would not take responsibility resulted to name calling and insulting me and I got a letter from our BOD who stated they would not get involved since it was an owner to owner issue. This was Feb 2016!

April 2017 I was asked to be witness to the newer residents complaints to another meeting with the landlord and boars again. I was essentially there to coordinate and support.

Yesterday the tenant who has been reporting since 8 months ago was told by the board "we can't do anything about it".

I can not understand the lack of care nor desire to enforce CCRS. I have scoured attorneys who have essentially said "no money, no time for you". Nothing is pro bono or on contingency and could cost thousands.

Suggestions? Contemplating a couple of owners/. tenants suing small claims to the problematic landlord. But my bigger issue is the board lack of ability to enforce our governing documents.

Unless there is more important provided as to the nature of the issue with the tenant, here is my take.

So far, based on the limited information, it appears this very well may be a neighbor to neighbor dispute, not an HOA issue. My former association had a similar situation and it cost the association $250K. No thank you.

CCRs provide an Owner to take action against another Owner, if they or the tenant they manage, violate provisions or the CCRs, not the Rules and Regulations.As you are finding out, it can be expensive and no attorney will take the case on contingency, as there is NO assurance of a payoff for them.

You could have language as below:

The Association shall have the right and power to enforce the provisions of this Declaration, and the Bylaws, Articles of Incorporation, Architectural Guidelines and Rules and Regulations of the Association; however, nothing contained in this Declaration shall be contrued to prohibit enforcement of same by any Owner.

With others, MichelleC, what CC&R article do you want the Board to enforce? Exact quotation please.

Btw, no long story please, are you in an HOA of detached Homes? Condos? Or?

In addition to enforcement actions by the association, homeowners can bring legal action against members who violate the CC&Rs. (Civ. Code §5975(a).)

They also have the right to file an action against the association for its failure to carry out its duties under the CC&Rs. See, e.g. Posey v. Leavitt (1991) 229 Cal.App.3d 1236 (“Under well-accepted principles of condominium law, a homeowner can sue the association for damages and an injunction to compel the association to enforce the provisions of the declaration.”).

Governing documents are enforceable under this section only if consistent with the declaration, reasonable, and if adopted with proper authority and procedures, including any required notice. See, e.g., MaJor v. Miraverde Homeowners Ass’n (1992) 7 Cal.App.4th 626 (inconsistent and unenforceable); Liebler v. Point Loma Tennis Club (1995) 40 Cal.App.4th 1609 (consistent and enforceable).

For a general discussion of relevant principles, see Nahrstedt v. Lakeside Village Condominium Ass’n (1994) 8 Cal.4th 361, 377.

Depending on the matter, homeowners can bring enforcement actions in small claims court or superior court.

I guess it depends on the CC&Rs, but this doesn't seem like an HOA issue; it seems like a municipal/county ordinance issue.

I know what the statues say, irregardless of the governing documents, I am more interested in what the issue might be.

WOW, aren't we the hostile one today.

The issue with the noise stem from the echoing of the hard floor.. The tenants behavior is part of this, but also a secondary issue.

Our CCRS state that we are entitled to peaceful living. It states the city noise abatement laws no noise after 10pm or before 8am of which this is always a factor. There is one person below us who is up all night. One night cleaning, vacuuming 2-4 am, police called, spoke directly too her, She stated "she had a boost of energy and wanted to clean. there is other issues at hand. Bottom line, multiple units including us are affected. 22 months of this is a long time to roll with don't you think?