What’s the likelihood of the HOA board not fining for noise complaint even after supporting documentation is provided?

Started by DanielleG4 • 9 replies • 307 views

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DanielleG4 (Florida)
Posts: 131

Posted:

About 2 months ago, I had the security guard come in to listen when my crappy upstairs neighbor had a guest over. The office sent the fine violation to her, before this they sent her a warning. With fine violation, there’s the hearing meeting with board to plea her case & they’ll decide whether or not to fine. It isn’t scheduled until end of this month but since she got the warning, I have other reports that I’m hoping will work against her. I had security come last week when she was blasting her tv and I had police come by yesterday. It wasn’t as loud when they came by yesterday but they have an event report for coming by. They didn’t knock on her door, the office said these reports may assist with the board deciding to fine the owner (her landlord) but I have no expectations.

MelissaP1 (Alabama)
Posts: 13,836

Posted:

Is she a renter? The fine goes to the owner not the tenant. The owner should appear to the board.

Not sure a fine will do anything but piss people off.

Former HOA President

DanielleG4 (Florida)
Posts: 131

Posted:

Yes she’s renting, I know the board would fine the owner. The board said the tenant is allowed to go & it’s unlikely the owner will show up.

LisaB21 (Texas)
Posts: 97

Posted:

The tenant has no business being at the hearing. If the owner does not show to discuss than it should be an automatic fine. Owner must deal with the tenant and pass the fine along to them if they desire.

DouglasK1 (Florida)
Posts: 2,046

Posted:

For those who might be taking this post in isolation, this is a another chapter in the saga (not a complete list):
https://www.hoatalk.com/Forum/tabid/55/forumid/1/postid/309697/view/topic/Default.aspx
https://www.hoatalk.com/Forum/tabid/55/forumid/1/postid/305531/view/topic/Default.aspx
https://www.hoatalk.com/Forum/tabid/55/forumid/1/postid/321281/view/topic/Default.aspx
https://www.hoatalk.com/Search/ForumSearch/tabid/87/forumid/1/postid/304964/view/topic/Default.aspx

Escaped former treasurer and director of a self managed association.

BenA2 (Texas)
Posts: 1,273

Posted:

I don't think anyone can do more than guess. It sounds like the HOA is responding appropriately to your complaint. My guess is that if they issued a fine, they will only reverse themselves for good cause, e.g., there was a good reason for the noise or there is no evidence of the violation. It sounds like you have clear evidence.

SheliaH (Indiana)
Posts: 6,964

Posted:

Quote:

Posted By DouglasK1 on 04/26/2022 10:57 AM
For those who might be taking this post in isolation, this is a another chapter in the saga (not a complete list):
https://www.hoatalk.com/Forum/tabid/55/forumid/1/postid/309697/view/topic/Default.aspx
https://www.hoatalk.com/Forum/tabid/55/forumid/1/postid/305531/view/topic/Default.aspx
https://www.hoatalk.com/Forum/tabid/55/forumid/1/postid/321281/view/topic/Default.aspx
https://www.hoatalk.com/Search/ForumSearch/tabid/87/forumid/1/postid/304964/view/topic/Default.aspx

Actually, it's more like a broken record, because nothing ever changes (and if the OP isn't expecting anything to change, what's the point of posting this????) Someday she might OP might decide it's better to take the needle off the record and put on another one......

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

BenA2 (Texas)
Posts: 1,273

Posted:

I would not be concerned that it is a renter. An owner is not likely to sell their property and move because of a few fines, although they may change their behavior. A landlord will absolutely evict a tenant if that tenant is costing them money. It usually comes down to a simple business decision.

JaneL2 (Texas)
Posts: 175

Posted:

If they are anything like the board where I live, they will absolutely not do a thing about it. My neighbor on a regular basis used her theater sound to vibrate my walls and I have complained multiple times to the board and they just keep telling me to call the police which I do. Nothing ever gets done. She gets a free pass.

MelissaP1 (Alabama)
Posts: 13,836

Posted:

Actually Ben it is not always up to the owner to be able to evict their tenant. Does not matter cost them money or not. There is a thing called Tenants Rights. So unless the landlord has in their lease to obey the HOA rules, then their hands are tied. It is not that easy to evict a tenant.

Former HOA President

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