Getting HOA to deny rent renewal

Started by JonH4 • 9 replies • 821 views

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JonH4 (Florida)
Posts: 4

Posted:

Hello All,

Long story short: I own a condo, and I have a neighbor next door who has been renting for many years and his TV is audible every single day, for hours at a time, across most of the apartment. I have tried speaking to the neighbor who just yelled at me and did nothing. I contacted our very unresponsive management company and they did nothing. I wrote a certified letter to the owner, who is in another state and the noise is still happening; I mentioned that the noise codes in the city were 24/7 (they are very strict). Clearly the landlord is absentee and only wants his money, since he clearly doesn't care about the property.

This renter also violates other CC&R's like leash rules, which the city of Delray Beach also has and so does Palm Beach County. The patio area of their property is dilapidated and has flora growing out of the concrete, something which didn't happen overnight. The board keeps on sending letters to owners stating that if tenants break leash laws, disturb others, etc... their leases won't be renewed. I'm fairly certain the tenant doesn't have a current lease.

What's my best way of approaching the board so they deny the tenants rent renewal?

Thank you!

LetA (Nevada)
Posts: 2,679

Posted:

The rental agreement is between the unit owner and the renter, the HOA has no say in who gets to stay or go. I hope your HOA board is reactive to each and every violation of the CC&R's. If the Board keeps fining the unit owner, eventually they will get the message and terminate the lease.

Have you looked at your states laws if you can file a civil suit against the unit owner or renter?

BethK8 (California)
Posts: 15

Posted:

I would tske the owner to small claims court. It will cost you around $50 to file the paperwork. That should get him or her to the table.

I used to try to work through things with people in a reasonable way and keep on trying. Then, I found, small claims court works wonders. I have two nice conversations, then, that is it. I file something in small claims court. Costs my 50 bucks and I get to hash out a compromise usually.

My guess is your HOA is going to ignore this if they can. They don't want to do the work on it and think it's a neighbors depute which it is.

Small claims court seems scarey the first time. It's really easy and very effective.

TimM11
Posts: 354

Posted:

Well, if your city is strict about noise, then this should be easy: contact them and have the city deal with it.

JenniferG11 (Texas)
Posts: 667

Posted:

Quote:

Posted By TimM11 on 11/19/2018 7:55 AM
Well, if your city is strict about noise, then this should be easy: contact them and have the city deal with it.

Also the 'dogs at large'.

JonH4 (Florida)
Posts: 4

Posted:

Quote:

Posted By LetA on 11/18/2018 8:43 PM
The rental agreement is between the unit owner and the renter, the HOA has no say in who gets to stay or go. I hope your HOA board is reactive to each and every violation of the CC&R's. If the Board keeps fining the unit owner, eventually they will get the message and terminate the lease.

Have you looked at your states laws if you can file a civil suit against the unit owner or renter?

I understand that they have no eviction powers, but as a condo, they can approve or not approve rental tenancies. If they deny the tenant renewal, I assume there are legal contingencies for that to enforce it? I haven't read through the 100+ pages of HOA Statutes in Florida.

Yes, I am fully within my rights to file a civil suit, and I have more than enough evidence, including another apartment owners signed testimony. What I wonder is should I sue the tenant and the owner in one suit, sue each one separately or only sue one or the other?

JonH4 (Florida)
Posts: 4

Posted:

Quote:

Posted By BethK8 on 11/18/2018 9:55 PM
I would tske the owner to small claims court. It will cost you around $50 to file the paperwork. That should get him or her to the table.

I used to try to work through things with people in a reasonable way and keep on trying. Then, I found, small claims court works wonders. I have two nice conversations, then, that is it. I file something in small claims court. Costs my 50 bucks and I get to hash out a compromise usually.

My guess is your HOA is going to ignore this if they can. They don't want to do the work on it and think it's a neighbors depute which it is.

Small claims court seems scarey the first time. It's really easy and very effective.

Should I sue the tenant and the owner in one suit, sue each one separately or only sue one or the other? What sort of compromises were you able to reach? Any real world experience is always helpful and appreciated.

The HOA has sent out several letters threatening to deny lease renewals, and I'm asking them (via certified letter) to make good on that. Regarding the leash law, that's an HOA issue and has nothing to do with me. Regarding the mold and fauna growth on the concrete of his patio it affects me as it's spreading onto my property AND decreasing property values, as the apartment above his is for sale and a dilapidated apartment will negatively impact the sale.

MelissaP1 (Alabama)
Posts: 13,836

Posted:

I don't get this. Why is this a HOA issue and a lawsuit situation? This is a POLICE situation. Call the police if the music is too loud and it's against the law of the city. As for leash laws, that is Animal control's department.

Court can ONLY make you whole. So don't see where your losing any money or damages. What are you going to win if you sue?

Former HOA President

SteveM9 (Massachusetts)
Posts: 3,699

Posted:

Quote:

What's my best way of approaching the board so they deny the tenants rent renewal?

Personally, I'd buy him a nice set of wireless headphones and hook it up for him. Then see how it goes.

JonH4 (Florida)
Posts: 4

Posted:

Quote:

Posted By SteveM9 on 11/19/2018 6:53 PM

What's my best way of approaching the board so they deny the tenants rent renewal?

Personally, I'd buy him a nice set of wireless headphones and hook it up for him. Then see how it goes.

Oh, I tried that... I offered $50 to the landlord (since the tenant is impossible to speak with) towards a pair of headphones (I wear headphones in bed to not bother him or my upstairs neighbor), but I got no response. I have gone through the entire normal process over many months to no avail.

BTW, the Delray Beach noise codes are:

Sec. 99.03. - LOUD AND UNNECESSARY NOISES PROHIBITED.

It shall be unlawful for any person to make, continue or cause to be made or continued any
unreasonably loud, excessive, or unnecessary noise, which shall apply in all areas of the city,
twenty-four (24) hours a day, seven (7) days a week, except as specified otherwise herein.

(A) Certain Acts Declared Unlawful. The following acts, and the causing thereof, among others,
are declared to be unreasonably loud, excessive, or unnecessary noises and in violation of this
Chapter. This enumeration does not constitute an exclusive list.

(1) Radios, televisions, musical instruments, loudspeakers, etc. Using, operating, or permitting to
be played, used or operated any radio receiving set, television set, musical instrument,
loudspeaker, public address system, sound truck or other machine or device for the producing or
reproducing of sound in such manner as to disturb the peace, quiet and comfort of the
neighboring inhabitants, or at any time with louder volume than is necessary for convenient
hearing for the person or persons who are in the room, vehicle or chamber in which such
machine or device is operated and who are voluntary listeners thereto.

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