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Another update on feud with noisy neighbor, I called her landlord & he wasn’t aware of any of this. Does it sounds like he lying?

Started by DanielleG416 replies • 403 views

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DanielleG4 (Florida)
Posts: 131
Posted:


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. 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.

I decided to call her landlord yesterday because I found it odd that after she got the first warning last yr and the hearing notice recently, he wouldn’t have tried to give her any kind of warning. The last time I spoke to him was almost 2 years ago when the last tenant moved out and he replaced the carpeting, I haven’t reached out to him since because his last words were there’s nothing else he can do. However, there were never any warnings sent to the last tenant, the office even said a hearing notice has never been sent for a noise violation this would be the first time. When I told the landlord this, he said he had no idea of any of these updates. Mind you, the office told me that owners are always copied on any communication that is sent to their tenant. He wanted all the documentation that I have sent to the office, their contact info (which he should already have) & would warn the tenant. When I told him about the hearing, he sounded kinda shocked & wanted more info. I find this to be odd, anyone agree with me?
MelissaP1 (Alabama)
Posts: 13,836
Posted:
So where is the lawsuits you mentioned going on? Thought you were involved in court cases with them? Now I am confused. Maybe the HOA MC is not caring enough to do anything until they do a hearing.

Why now are we hearing about actually talking to the landlord?

Former HOA President
DanielleG4 (Florida)
Posts: 131
Posted:
You’re confusing me w someone else. Next step is the hearing with committee next week, I didn’t talk to landlord before because as I said his last words he couldn’t do anything else, figured I’d try
MelissaP1 (Alabama)
Posts: 13,836
Posted:
No I am pretty sure you posted you were not going to hire a lawyer and was in court for 2-3 issues. Plus you asked about who shows up to the HOA meeting to be fined for the noise offense...

I believe you were given advice several times to talk to the Landlord about their tenant. That is all the HOA will do as well. It may be they can't do anything. Tenant Rights kick in. Unless the landlord has it written in their lease violating noise or HOA rules is grounds for eviction, nothing they can do. The HOA can only fine the owner/landlord.


Former HOA President
DanielleG4 (Florida)
Posts: 131
Posted:
I was considering hiring a lawyer to send a cease and desist letter but not a good idea. I have 3 reports of my neighbor being a nuisance (police/security), I spoke to landlord yesterday. The hearing committee will potentially fine her landlord
LetA (Nevada)
Posts: 2,679
Posted:
Yes it is very likely the owner does not know because something of importance like this was not communicated with them. I am a three strikes guy. I ask please once, pretty please a second time
then I communicate with the rental representative, then I go to the listed owner for a response. I don't play games.
AugustinD
Posts: 3,698
Posted:
Quote:
Posted By MelissaP1 on 05/17/2022 3:25 PM
No I am pretty sure you posted you were not going to hire a lawyer and was in court for 2-3 issues.
MelissaP1, you are mistaken. The person to whom you were referring was someone else.

Danielle, good job communicating with the landlord.
MelissaP1 (Alabama)
Posts: 13,836
Posted:
My apologies. There was another poster with a similar situation and maybe name?

I agree good job in talking to the Landlord. It may be that no one is talking to them. Do not know how seriously your MC is taking it. Don't be too surprised if they are not.

Hopefully, by talking to the landlord directly they are now aware of the situation. They may still be limited on what they can do. However, maybe they will learn a lesson that next time they will be able to do something. By writing in the lease to obey HOA rules...

Former HOA President
DanielleG4 (Florida)
Posts: 131
Posted:
Mc?
MelissaP1 (Alabama)
Posts: 13,836
Posted:
Management Company. Some HOA have them and others are self managed without.

Former HOA President
DanielleG4 (Florida)
Posts: 131
Posted:
The Mgr said that owners are looped in all communication about their tenant
MelissaP1 (Alabama)
Posts: 13,836
Posted:
Does not mean they have the right communication. I had people email me and be the wrong address. I would not assume the manager is doing their job.

Former HOA President
MelissaP1 (Alabama)
Posts: 13,836
Posted:
Does not mean they have the right communication. I had people email me and be the wrong address. I would not assume the manager is doing their job.

Former HOA President
LetA (Nevada)
Posts: 2,679
Posted:
Quote:
Posted By DanielleG4 on 05/18/2022 8:41 AM
The Mgr said that owners are looped in all communication about their tenant

Demand proof!! communicate directly with the listed owner of the property. Honestly I would not fart around. Hire a lawyer, spend some money and
have your attorney issue a demand letter.
DanielleG4 (Florida)
Posts: 131
Posted:
A lawyer said a cease and desist letter is an option but the board member who’s a lawyer didn’t suggest
LetA (Nevada)
Posts: 2,679
Posted:
Quote:
Posted By DanielleG4 on 05/19/2022 12:04 PM
A lawyer said a cease and desist letter is an option but the board member who’s a lawyer didn’t suggest

The board member lawyer isn't looking out for your interest. Not his monkey not his circus. When a neighbor is enforcing a covenant against another neighbor the HOA is not in the fight unless
a lawsuit is filed, Right now you are just looking for the offender to cease their behavior.
DanielleG4 (Florida)
Posts: 131
Posted:
Can you explain

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