Repeated Police Visits to Curb Noise and Altercations

Hello,

Would like to get some ideas on how to address this issue that has surfaced in our condo on more than one occasion:

A homeowner is leasing a unit to a tenant who has been the source of police calls for what appears to be fighting in the condo. The homeowner was notified and told that this was a warning. Since that happened, the police have been called out 2 more times regarding this problem. However, it has been difficult for us to gather facts because the homeowner that lives right over the tenant refuses to contact the police and basically wants to stay out of it.

The homeowner has received a letter regarding this issue and indicated that the tenant was warned of this behavior. (not sure what that means)

There are other homeowners that are furious because it sounds like someone is being body slammed in the unit. There are several concerns: a. the noise, and b. the possibility of someone getting seriously injured.

We have a "nuisance" clause in out declarations and our rules and regulations. Right now they are sufficiently vague, but they do enable the Board to further define the "definition" of nuisance and the associated penalties for the same.

The questions I have are as follows:

a. How does one deal with "homeowners that want to complain, but do not want to call the police when issue rise". It is as if they want the Board to be responsible for what seems to be a "civil" issue.
b. There are some homeowners that are very upset (one is a Board member who left work in the middle of the day when he was told the fighting was happening again and the police had been called); we do have this cooperation. Can we use these recorded visits by the police as a way of showing that there is a recurring, long-term problem?
c. Has any other community had to deal with this kind of issue? If so, suggestions for handling. For example, could we add clauses to our "leasing agreement" that would make this kind of offense grounds for termination of the lease agreement?

All feedback would be appreciate.

It sounds like you're a condo or THs HOA, Carolyn?

Anyway, our condo HOA and many other types of HOA have a nuisance clause in the CC&Rs. We have always used it when units have residents who are noisy. This usually has been in the form of parties on balconies where the noise continues after 10pm, when everyone should quiet down per our rules. Those disturbed call our security staff who visit the noisemakers & tell them to go inside & quiet down. If they repeat this noise violation, we call them to a hearing and may fine the owner. Fines may double with any repeat offense(s).

We do not require the neighbors who are disturbed to call the police. All we need is complaints about noise that is corroborated by board members or staffers to take action so that residents may peacefully enjoy their homes.

So...if you have other witnesses, whoever called the police and also your board member, call the owners to a hearing by whatever procedure your documents or your state allow. And fine the owner according to your documents.

You cannot force the resident above (who may fear retaliation) to complain to your board, but there obviously are enough others who're disturbed that, imo, you should take action.

The Board needs to have a meeting with the owner of the unit. Explain in detail what is happening and begin the fining, assuming the BOD has the authority to fine.

It's not rocket science, just pretend you are the government. The government doesn't stop people from doing things, they make the people want to stop. If the owner has it in the lease that all fines received from the HOA because of the actions of the tenant shall be added to the rent, then the owner may be waiting for the fines so he/she can pass them along to the tenant. Once the tenant is paying too many fines it becomes cheaper to live somewhere else. If the owner did not place that provision in the lease, and therefore cannot roll the fines into the rent, then the owner will realize the loss of revenue and either raise the rent, at the end of the lease period, or simply not renew.

I agree with the others on these points-
The HOA should not call the police, but can take action.
If the other owner(s) are not willing to call the police, it's a non issue for the HOA.

That's how we do it and it works very well per what Douglas wrote: "The Board needs to have a meeting with the owner of the unit. Explain in detail what is happening and begin the fining, assuming the BOD has the authority to fine. "

Do not let up--keep fining as long as the bad behavior continues. If it doesn't stop after repeated hearings & fines against the Owner, Either the tenant will move or the Owner will evict them--doesn't matter how long it takes.

Hey, wait a minute, Carolyn: Are you on the board?