Update on ongoing feud with noisy upstairs neighbor, provided police report to office & Mgr says it’s looking more hopeful?

I own my downstairs condo & have been complaining about the tenant above me that’s been renting for about two years. You all have made light of my situation but I’m getting more and more documentation that I think is more likely to work against her. Beginning of March this year, the mgmt office sent a hearing notice to her, allowing her to plea her case. Depending on results, they’ll fine (or won’t fine) the owner (her landlord). Since this notice was sent, the hearing committee has confirmed a date with the office as to when hearing will take place on 5/27. So far I have 3 reports, two with security documenting her being a nuisance and I had police come by last Sunday. The police knocked on her door and I have documentation proving she’s doing it out of spite (video proving she’s keeping tv on when not home and camera footage confirming she’s not home at time of recording). The Mgr suggested that I shouldn’t attend the hearing to avoid any kind of confrontation with the tenant. But I have more documentation outside of 3 recent reports that hopefully work against her and I really want to give my side of the story. Last time, the Mgr warned me again that a hearing does not guarantee a fine and wanted to set that expectation. When I told him about police report, his tone changed and he said this can help. The hearing makes decision but I think my documentation is better than hers. I was frustrated before because there was no resolution I took matters into my own hands to get even but she hasn’t complained (the security/police/HOA mgr would have told me). Assuming she has recordings of what I did, I have third party witnesses along with my own documentation. I’m not using any kind of retaliation until after hearing, I don’t want anything too recent to be used against me, mind you I’m not the one being potentially fined and I’m on my best behavior while she continues to be an inconsiderate prick.

You mean tenant pays the fine?

Landlord 101

Owner writes the check, tenant pays the fine!

HOA 101 the HOA fines the owner who is the member. Tenants are NOT HOA members. The owner gets the fine. They can decide to pass it to their tenant or not.

We know, you would sorry for your tenant who cannot abide by your HOA rules and would pay the fine for them.

Melissa,

"Decide" might not be as precise as "if the appropriate lease agreement is in place, the owner has the right to charge back fines incurred by the tenant."

Let's not forget that violation penalties are predicated on due process.

Regards,
Steve

Clarify... The OP has not been forthcoming about the 2 or 3? lawsuits involved in this situation. It is known they are NOT suing the HOA. They are trying to get the HOA to issue a fine against the tenant for loud noise. The HOA can ONLY issue a fine to the owner as you hold the owner/members feet to the ground for any Tenant violations. There is no agreement between the HOA and the tenant as the tenant is NOT a member/owner. So if the OP was to "win", the HOA would just pass a fine onto the owner. That owner then MAY pass the fine onto their tenant but it isn't always the case. It also is NOT a legal reason they can evict their tenant either. You all really need to READ Tenant's rights.

Now the owner may choose to pay the fine and keep the tenant. Considering they have a lawsuit or criminal case going on, they may be able to use the fine as "proof" for their case. It may show what they consider "harrassment" against them. Using the HOA for punitive actions against them as part of "harrassment". It is a two way street when it comes to "harrassment". However, the owner may use the fine payment to their advantage. Another way the OP is just digging themselves in deeper...

I never said I would not be mad my tenant violated a rule that got me to pay a fine. My position is that does not make it grounds for eviction IF it is not in the lease agreement for me to have the right to evict if HOA rules or a fine was issued. Do not confuse getting fined by the HOA as an actionable thing a owner can take.

My tenant had a baby Emu living in my yard. That was not legal grounds for me to evict. It was enough for me to get fined for by not only HOA but the city. My lease agreement did not have this as a clause in it about keeping livestock. It did not have me able to evict if I had to pay a fine either.