party house, what to do next.

Started by SueJ1 • 11 replies • 471 views

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SueJ1 (California)
Posts: 7

Posted:

Hi, I am in a HOA in California. We have a neighbor who has been partying every day practically. The HOA has had many complaints from neighbors and has put them on probation and has given them multiple fines. The police will not do anything because they said they are of age and if they drink and drive which they do that it will be a dui. The police will not do anything about the covid curfew or the gatherings which is always more then 30 party goers. Does anyone have any suggestion on what the next step is to do about this. My neighbor told me they were almost hit since they like to walk in our gated community by the people from that party and I heard others say some horror stories because of that party house. They seem to not care obviously of the 100 fine they keep getting and it is getting myself and our neighbors fed up. Plus our HOA has been asked by many members to please at least get a patrol and they said they won't and if they did it would raise our fees which my neighbor said our budget has over a 30,000 money in funds that isn't being used. Thank you

TimB4 (Tennessee)
Posts: 21,062

Posted:

You discovered that the police won't respond to the party.

However, when someone is almost hit, I would think that they would respond to a potential dui.
Your neighbor should have called the police.

The Associations hands may be tied unless the individual is a renter. You can then go after the owner for the renters actions.

Since your community is gated, you might be able to limit the number of guests after a certain hour.
However, this may require amending the governing documents and may cause more issues then it resolves.

As for patrols, you would have to pay for it. If budget is tight, the response assessments would increase would be correct.
You stated in a different post that you were on the board.
Take this as a project and see what the actual costs would be (contracted service, insurance requirements, etc.)
This way, the board can make an informed decision.

Regarding the $30,000 - it's likely the reserve fund.
Reserves are funds set aside to pay for expected maintenance, repairs and replacement of capital components. Having a properly funded reserve means there shouldn't be special assessments in the future.

TimB4 (Tennessee)
Posts: 21,062

Posted:

Oops, I misread.

You were new to this board (the forum), not a new board member to your HOA.

Sorry for the confusion.

JohnT38 (South Carolina)
Posts: 1,631

Posted:

"The police will not do anything about the covid curfew or the gatherings which is always more then 30 party goers."

If they are not enforcing the curfew and maximum gathering rule maybe a local news channel would be interested in this?

MelissaP1 (Alabama)
Posts: 13,836

Posted:

The HOA isn't the police. The Police are the police. They can only do so much. Which means if they are inside their home drinking then that is not against the law. It isn't against any law HOA either.

Basically for it to be against the law, the police have to see it and has to be against the law. Example: I can drink a beer in front of my window and nothing can be done. Now if I go outside drinking the beer and hand it off to a child in front of police, I am breaking the law. Contributing to the delinquency of a minor or maybe public drinking etc.

So as long at they stay in the house nothing can do. They maybe able to do something with the large gathering law if they see it. Otherwise, best can do is wait for someone to get in a car drunk and call the police to report a suspected drunk driver. Hope they get pulled over.

The HOA isn't the police but neighbors..

Former HOA President

SueJ1 (California)
Posts: 7

Posted:

Our HOA is still ran by the developers only. They have been outside drinking and my neighbors seen them urinating in the community. They also were so drunk that a couple tried going into someone’s house thinking it was the other house for the party. Aren’t HOA suppose to have a noise law? This goes on till 3 am every other day and I’m three blocks down and still hear it. I understand an occasional party but not every other day,

MelissaP1 (Alabama)
Posts: 13,836

Posted:

Noise laws? No. Restrictions. Not a law. There may be city's responsibility law wise on that. This is a police issue. What can the HOA do? They may be able to fine if it's in a fining schedule. Which doubtful a Developer has one. The police needs to be called but NOT making it a HOA issue. They can't enforce a single HOA violation. Just the one's on the books for the law.

Former HOA President

JohnC46 (South Carolina)
Posts: 14,265

Posted:

Quote:

Posted By SueJ1 on 12/12/2020 1:10 AM
Hi, I am in a HOA in California. We have a neighbor who has been partying every day practically. The HOA has had many complaints from neighbors and has put them on probation and has given them multiple fines. The police will not do anything because they said they are of age and if they drink and drive which they do that it will be a dui. The police will not do anything about the covid curfew or the gatherings which is always more then 30 party goers. Does anyone have any suggestion on what the next step is to do about this. My neighbor told me they were almost hit since they like to walk in our gated community by the people from that party and I heard others say some horror stories because of that party house. They seem to not care obviously of the 100 fine they keep getting and it is getting myself and our neighbors fed up. Plus our HOA has been asked by many members to please at least get a patrol and they said they won't and if they did it would raise our fees which my neighbor said our budget has over a 30,000 money in funds that isn't being used. Thank you

This is not an HOA issue. It is a police issue. Call the police.

LetA (Nevada)
Posts: 2,679

Posted:

Since you are under declarant control, call the owner or property manager. File a verbal and written complaint. Send the letter certified with return receipt via USPS. Call you local code enforcement, call your county commissioner, city council person etc. Start bending some ears and make some noise.

TimB4 (Tennessee)
Posts: 21,062

Posted:

Try the county or city health department.

They might not break up the party as it's happening, but they likely have more options then the HOA does.

KerryL1 (California)
Posts: 14,550

Posted:

Are you on the Board, Sue? Sounds like you're not, so how do you know the house's owner is being called to hearing and and is being fined?

You & other owners can get together and ask the Boar to make a rule that each time the same violation is committed, the fine doubles. This has been very successful in my HOA in stopping large parties and noise. Usually the partiers move out.

The police here are closing down AirB&Bs that are renting large homes to partiers in quiet neighborhoods. But these aren't private HOAs.

Still, along with stiff fines, call the psocid whenever the house's occupants break noise laws.

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