GA – does your HOA conduct background checks on homeowners, renters, and long-term house guess?

This came up because a new house guess is harassing two different homeowners. We have no language in our documents to allow background checks. Personally, I believe this is a homeowner vs homeowner issue and not an HOA issue, but the homeowners claim it’s a nuisance Thanks.

Section 9. Nuisance. It shall be the responsibility of each Owner and Occupant to prevent the development of any unclean, unhealthy, unsightly, or unkept condition on his or her Lot. No Lot on the Property shall be used, in whole or in part, for the storage of any property or thing that will cause a Lot to appear to be in an unclean or untidy condition or that will be obnoxious to the eye; nor shall any substance, thing, or material be kept that will discharge foul or obnoxious odors or that will cause any noise or other condition that will or might disturb the surrounding property. No noxious or offensive activity shall be carried on, on the Property, nor
shall anything be done tending to cause embarrassment, discomfort, annoyance, or nuisance to any person using any property on the Property. In addition, no Owner or Occupant of a Lot may use or allow the use of a Lot or the Common Elements in any manner which creates disturbing noises, including, without limitation, use of stereo speakers or equipment that will in the sole discretion of the Board of Directors interfere with the rights, comfort or convenience of the other Owners or Occupants. There shall not be maintained any plant~ or animals or device or thing of any sort whose activities or existence in any way is noxious, dangerous, unsightly, unpleasant, or of a nature as may diminish or destroy the enjoyment of the Property. Without limiting the generality of the foregoing, no horn, whistle, siren, bell, amplifier or other sound device, except for devices as may be used exclusively for security purposes, shall be located, installed or maintained upon the exterior of any Lot unless required by law. However, any siren or device for security purposes shall contain a device which causes it to automatically shut off within
fifteen (15) minutes.

You have no idea what you're talking about.

The question was "Does your HOA conduct background checks on homeowners, renters, and long-term house guess?

I know Florida does it all the time. If they are ok lease agreements then the social security number will be on the form and they will run background checks.

Bruce, how come you think this harassment does not fall into any of the categories listed in the nuisance clause?

Rumor has it that the neighbor who is harassing the 2 homeowners has a DUI on record. Not sure why that matters now.

The board's concern can be found in this article.

https://sjjlawfirm.com/2020/01/16/should-hoas-require-background-checks-for-renters/

In addition to opening the association up to liability, requiring background checks for rentals also has a negative practical effect. In order for an association to maintain eligibility for its Owners to obtain FHA Financing, it must adhere to a number of requirements. That includes prohibiting a number of leasing restrictions, including requiring criminal background or credit checks.

While this may not seem like an important issue for the board to consider, nearly one in five homebuyers in the United States use FHA Financing to purchase their home. Cutting off that funding source could significantly limit the pool of potential buyers, and thus have a negative impact on the property values throughout the association.

Bruce,

Is this an ongoing issue?
The article is from Jan of 2020.

Are you in that Association or just curious what others think on Associations being involved in the rental process?

I'm on the board. This has been going on for about 5-6 months since me moved in with his girlfriend.

Nuisance restrictions CC&Rs can be tough to enforce because they can be vague, but IMO this behavior would probably qualify because it's deliberate and being repeated. But the police have more authority and may be more effective at stopping bad behavior. We were told that harassment is getting in someone's face, which the officer we talked to said was 10 feet or less. Yelling from 50 feet away wouldn't fit the legal definition of harassment, at least as it's defined in my area.

But .... it sounds like this person is threatening a lot of people. If he targets specific groups of people that are in a protected class, it will become an HOA issue because of Fair Housing laws.

If this were happening in our community, we'd have a chat with our attorney and see what he said about it. In the meantime, document the heck out of the issue (homeowner complaints in writing, audio and video recordings). Whatever steps you end up taking need to have reasonable evidence to back them up.

I am one of the neighbors who is experiencing threatening behavior from a new house guest. This menace has verbally threatened to kill my husband. He intimidates me by flipping me the bird, “shooting” me with his fingers and grabbing at his crotch. He smokes weed early in the morning out of the garage. Christmas Day he was welding something in his girlfriends garage. Late at night, the menace drags large tree limbs across the parking lot down behind her house.
This house guests has much more than a DUI on his record. In 2020, he was charged with attempted vehicular homicide. He had an extensive rap sheet including assault. He is armed and dangerous.

My husband and I recently had to undergo background checks before we bought a home in Florida. I thought it was a good idea and approached the BOD. I believe in this day and age, we must protect each other by eliminating threats as much as we are able to.

Is there anyone on this forum familiar with GA law and background checks?

Also, I have called the police and there is nothing they can do.
I went to court to file a TRO. They said I had to call the police.
It feels like I am going in circles here.

Please help

You have to call the police and file a report. The more proof of the harrassment the more likely you will get a TRO. Without any proof or reports of the behavior supporting your claims, not much can be done. The HOA is not the police. They can't do much. Just because you get a background check it doesn't mean you didn't commit a crime somewhere else or can commit a crime in the future. This is a police problem.

Emma, I suspect the reason the police said they could do nothing is because you have not named any action, witnessed by you, by this neighbor's house guest that crosses the line to either threatening or so persistent that your life is disrupted. The DUI and the attempted vehicular homicide are scary and suggest that you remain vigilant. But according to the justice system and as far as your desires are concerned, these past crimes are not relevant.

For the TRO, was there a hearing? Did you list everything this guy did? Was the guy present at the hearing?

Like Shelia posted, Your best bet may be hiring an attorney and asking what your chances are of getting a restraining order or suing under the nuisance clause. Then listen to the attorney's wisdom. It's possible the attorney would be willing to send a demand letter to the owner of the house and then go to court. This will cost a lot of money and time, with no guarantee of the outcome.

Fair housing also protects you against being harassed because, for one, you are female. Is the crotch grabbing accompanied by anything else that is sexual or sexist? If so, you should raise this with an attorney you meet. You could also file your own fair housing complaint with HUD, at no charge. However, with HUD I do not feel you have a good case at this time. It's better to speak to an attorney about this and add 'hostility on the basis of sex' to the list of reasons this behavior must stop.

If your HOA does not require background checks, then your HOA would have to amend its governing documents. Amendment requires an owner's vote. Also the U. S. Department of Housing and Urban Development has had a lot to say about background checks in recent years, limiting what Georgians and others can do. This is for fair housing reasons pertaining to non-discrimination against certain groups. This means amending the Declaration to require certain background checks is going to be highly limited, per what HUD and Fair Housing Law currently recommends/allows.

There's a very strong argument to say nothing at all and keep to yourselves. Many an attorney has pointed out that sending demand letters to characters like this just stirs up a hornet's nest; starts retaliation; and more. A thick skin may be your best weapon.