MichaelJ14 (Alabama)
Posts: 9
Posts: 9
Posted:
I’ll try to make this as short as possible.
Over a year ago a home owner listed their home for sale with an agent. Last December, the agent was approached by a couple who want to purchase the home, but would not have their funding complete for another 60-90 days. The home owner allowed this couple to occupy the house early with a closing roughly set about two months later. I suspect this was done with some type of rent-to-own contract.
Half of the couple is retired and the other owns a lawn mowing business. Immediately after move in, the occupant started parking a large open trailer with advertising and loaded with mowing equipment in the driveway each night. The occupant told the VP of the HOA the trailer was not going to remain and he would move to a storage facility close by. After a short period of time it became apparent there were no intentions of relocating the trailer and it has been parked in the driveway nearly every night. Mowers and other equipment are unloaded/loaded and “employees” are seen congregating/assisting. It would seem that by doing so, the occupant is operating a mowing business out of the home which is a violation of the CCRs. This is an ongoing source of contention between the HOA President who feels this does not represent operation of a business and the VP who feels that is does.
In early spring, the occupant had a huge yard sale (he collects furniture, lawn and other items as a side job.... junk basically) and put up signs in the common area and on each corner leading to the property to draw in traffic. Additionally, he told a neighbor that he intended to have a yard sale every Monday.
At this point the HOA approached him with a letter outlining the violations (Nuisance and Unsightly or Unkempt conditions and street parking) since he had been keeping items he collected on his driveway along with the loaded trailer. He was also told that he could not have a yard sale on a weekly basis but could have one each quarter (there is nothing in the CCRs covering yard sales). He cleaned things up for a few weeks, but over the summer started to unload items and let them congregate on his drive way overnight or for a few days. This has gone on all summer and into the fall. The HOA President indicated that he had contacted the occupant via text several times about the driveway and the parking. Each time it would improve slightly for a short time and then revert.
It was recently discovered that the home owner intends to have him evicted (the closing never took place as it appears financing could not be secured). Since then, the occupant has brought trailer loads of junk onto the property and is having “Estate” sales each weekend starting on Thursday and continuing through Sunday afternoon.
Unfortunately, the HOA has not taken any further action against the home owner since the original letter in May. There seems to be hesitance on the part of the HOA to press the topic with the home owner and issue fines accordingly.
The word is the occupant is leaving by the end of the month, but that has not been confirmed by the home owner. As with any eviction, the occupant could easily squat another few months as any legal process plays out.
This event has caused a lot of emotional distress on the immediate neighbors. I’m not sure what could be done at this point, but any recommendations would be welcomed.
Thanks for reading.
Over a year ago a home owner listed their home for sale with an agent. Last December, the agent was approached by a couple who want to purchase the home, but would not have their funding complete for another 60-90 days. The home owner allowed this couple to occupy the house early with a closing roughly set about two months later. I suspect this was done with some type of rent-to-own contract.
Half of the couple is retired and the other owns a lawn mowing business. Immediately after move in, the occupant started parking a large open trailer with advertising and loaded with mowing equipment in the driveway each night. The occupant told the VP of the HOA the trailer was not going to remain and he would move to a storage facility close by. After a short period of time it became apparent there were no intentions of relocating the trailer and it has been parked in the driveway nearly every night. Mowers and other equipment are unloaded/loaded and “employees” are seen congregating/assisting. It would seem that by doing so, the occupant is operating a mowing business out of the home which is a violation of the CCRs. This is an ongoing source of contention between the HOA President who feels this does not represent operation of a business and the VP who feels that is does.
In early spring, the occupant had a huge yard sale (he collects furniture, lawn and other items as a side job.... junk basically) and put up signs in the common area and on each corner leading to the property to draw in traffic. Additionally, he told a neighbor that he intended to have a yard sale every Monday.
At this point the HOA approached him with a letter outlining the violations (Nuisance and Unsightly or Unkempt conditions and street parking) since he had been keeping items he collected on his driveway along with the loaded trailer. He was also told that he could not have a yard sale on a weekly basis but could have one each quarter (there is nothing in the CCRs covering yard sales). He cleaned things up for a few weeks, but over the summer started to unload items and let them congregate on his drive way overnight or for a few days. This has gone on all summer and into the fall. The HOA President indicated that he had contacted the occupant via text several times about the driveway and the parking. Each time it would improve slightly for a short time and then revert.
It was recently discovered that the home owner intends to have him evicted (the closing never took place as it appears financing could not be secured). Since then, the occupant has brought trailer loads of junk onto the property and is having “Estate” sales each weekend starting on Thursday and continuing through Sunday afternoon.
Unfortunately, the HOA has not taken any further action against the home owner since the original letter in May. There seems to be hesitance on the part of the HOA to press the topic with the home owner and issue fines accordingly.
The word is the occupant is leaving by the end of the month, but that has not been confirmed by the home owner. As with any eviction, the occupant could easily squat another few months as any legal process plays out.
This event has caused a lot of emotional distress on the immediate neighbors. I’m not sure what could be done at this point, but any recommendations would be welcomed.
Thanks for reading.
Current HOA VP
