🎶🎶How do you solve a problem like a methlab🎶

Started by LetA • 8 replies • 477 views

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LetA (Nevada)
Posts: 2,679

Posted:

What if anything can an HOA do to a homeowner other than issue a fine to an owner that rents to crappy tenants?
Local law enforcement raided a house that had over a dozen people in it. The HOA has sent several letters to the owner to clean things up.
This house has been an open invitation to homeless and druggies looking for a fix.
I am trying to get confirmation as to why SWAT raided it.

What are some ideas that we can do to take swift action against the homeowner?

SheliaH (Indiana)
Posts: 6,964

Posted:

First, check your documents (you should have already done that) and see if there's language requiring homeowners to maintain their homes or some general guidelines like that. There may also be something in there about not creating or maintaining a nuisance.

You've sent letters and so far nothing, so now it's time to go to your association attorney to see what your options are, such as filing a lawsuit against the owner for creating and maintaining a nuisance (who wants to see a SWAT team roll up in the neighborhood?) If the tenants have damaged the common areas and you can prove it, you may be able to hold the owner responsible for that damage, or ask the court to compel the owner to evict these tenants, maybe even preventing future rentals without notifying the Board for approval (this last suggestion is really spitballing, as I don't know if a court would approve it).

This experience might also prompt your board to hold a special homeowners meeting to see how it feels about rules enforcement and perhaps landlord-tenant relations. I won't go into the rental limit issue - you've been on this website long enough to know how drama that creates by itself, but homeowners might be willing to sign off on a CCR amendment requiring owner-landlords to give their tenants a copy of the community rules and provide documentation that it was given and the tenant agreed in writing to comply with those rules. This could also give the HOA the authority to pursue an eviction against the tenants if the homeowner can't or won't deal with any problems - sue them both and make the owner financially liable for all of it. Of course, you know you'll have to work with your association attorney on crafting the amendments so they'll have a good chance of standing up in court.

While all that's going on, take a good look at your rule enforcement policies - perhaps they could stand some tweaking, like higher fines.

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

LetA (Nevada)
Posts: 2,679

Posted:

My biggest concern is the people the the police released, will they return, break in to the now boarded up property (just the door is boarded) property was left in the driveway pad. Those other items you mentioned are now in motion, with a regular meeting scheduled for the EOM. I would like to see the owner brought to a hearing, need the cooperation of the other board members and PM to make this happen.
Other things like how long will this house look like this, will the government seize the house etc.

RichardS30 (California)
Posts: 2

Posted:

I just liked the reference to sound of music. it was sound of music ?

SheliaH (Indiana)
Posts: 6,964

Posted:

Well, getting rid of a nuisance can be time-consuming, so unless you want to post security at the place to prevent trespassing and pay for it, you're going to have to let your other processes run their course. I know it's not fun to think of a boarded-up house in your community, but these folks have wrecked the owner's home, so that's really his or her problem to secure it, not the HOA's.

If it becomes a health hazard, check with the city or county to see what it can do. If they clean up the area or tear the house down, a lien will be filed against the homeowner's property for those expenses and he or she will be on the hook for even more money

Until then, your priority should be watching for and addressing damage to the common areas and go after whoever's responsible for that.

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

LetA (Nevada)
Posts: 2,679

Posted:

Yes indeed 😝 ya gotta add some levity to the situation in a Uncle Arthur Paul Lynde way.

LetA (Nevada)
Posts: 2,679

Posted:

Thank You for your input Sheila, so much happening in a short time. Need to get this right.

GenoS (Florida)
Posts: 4,276

Posted:

Quote:

Posted By LetA on 08/19/2020 3:52 PM
Yes indeed 😝 ya gotta add some levity to the situation in a Uncle Arthur Paul Lynde way.

"The rats are winning."

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