Letter to Resident - Vandalism

Started by MikeM46 • 11 replies • 2155 views

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MikeM46 (Alabama)
Posts: 7

Posted:

We have 3 kids who have vandalized our swim and tennis area. This letter below was drafted up to send to said residents but wanted opinions/thoughts/suggestions from the forum. Thanks ahead of time:

It has been brought to our attention through video evidence that your child, (Name) has trespassed on private property and damaged/destroyed private property. Your child, (Name), is no longer permitted to access the Weatherly Swim and Tennis properties including the multi-purpose court, playground area and/or pool area. If your child is seen on the properties listed above, the Alabaster Police Department will be notified and actions will be taken.

Thank you for your cooperation in this matter.

AugustinD
Posts: 5,144

Posted:

I think banning these three kids from normal kid areas might be grounds for a complaint to HUD for violation of the Fair Housing Act (familial discrimination).

I think you should issue violations to the parents of the kids; let them see the video; schedule a hearing; see what the parents have to say; then fine as needed.

This assumes your HOA allows fines and has some kind of due process type procedure in place for notice of violations and hearings.

KerryL1 (California)
Posts: 14,550

Posted:

Agree with Augie. Pursue your normal hearing schedule. If your documents permit you to fine the Owner for amount of damage, do that at the hearing. If your documents permit the HOA to withdraw common area privileges, do that at the hearing. Follow the steps that are in your documents or in AL law (if any).

Meanwhile--given your evidence.....should you also have called the police?

MikeM46 (Alabama)
Posts: 7

Posted:

The police were notified and watched said film. They suggested to notify parents of trespassing charges being pressed if they were back on property. But again it was a patrol cop and he was just giving his thoughts as what we could do to curb future vandalism.

JohnC46 (South Carolina)
Posts: 14,265

Posted:

Start with the parents. Ask them the mmet with the BOD and look at the video. See how they respond. Inform them you are considering pressing trespass notice and suing to recover damages. Base your action on their response.

MarkM19 (Texas)
Posts: 1,459

Posted:

I agree with all who have said to meet with the homeowner of the kids with them present. You will know in less than 5 minutes the character of the parents. If they defend the kids you will need to take it to the next level. If they do what I would do my punish would be much worse than what was described.

I have seen both types of Parents.

KerryL1 (California)
Posts: 14,550

Posted:

I think I mu misunderstood: These kids/parents are not residents of your HOA??

MikeM46 (Alabama)
Posts: 7

Posted:

Yes kids live in parents house who reside in the neighborhood. Thanks for all the input guys!

GeorgeS21 (Florida)
Posts: 3,808

Posted:

Hmmmm ... not totally clear to me.

Are the "kids" minors?

Do the "kids" live in the same house as the parents?

Have they been fined or cited in some way previously?

MelissaP1 (Alabama)
Posts: 13,836

Posted:

This is a crime and damages were done. Make a police report. The HOA can then decide to press charges or work out a deal with the parents on the damage payments. This is a police matter. The police should be involved by making a report and then contacting the said parents to inform them of the potential charges kids are facing.

I think putting the police as the "middleman" in this situation and the HOA having a report puts the HOA in the best position. They can have the police explain to the parents their options the HOA is willing to accept. That may be banning them, paying back damages, or another option. Without a police report the HOA has no real power or history over these kids.

Former HOA President

KellyM3 (North Carolina)
Posts: 2,239

Posted:

Call the parents personally, first, and see about getting it repaired at their expense. This is the neighborly thing to do.

If the parents resist, follow all remaining angles to correct the situation. If the kids are minors - and the parents are responsible and care - this can be handled without bureaucracy while maintaining transparency and getting the results you need. The police advice to work directly with the family before taking slow-footed actions is appropriate. They get it.

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