After a C&D what next

Started by LetA • 7 replies • 265 views

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LetA (Nevada)
Posts: 2,679

Posted:

One of our regular problem child is at it again. We have had multiple run-ins with the owners occupant cough cough blood is thicker than water.

We sent all parties involved a cease and desist order from out council. We have summoned the owner to a hearing
scheduled for our next board meeting, why wait is another thing entirely. What action can we take if these issues persist
with the occupant?

I personally feel bad for the owners surrounding this home, the immediate neighbor has their house on the market with no
takers and other owners a few houses away have sold and the new owners are furious. The only thing I can tell these owners
is to enforce the covenants themselves and consult legal council.

TimB4 (Tennessee)
Posts: 21,059

Posted:

Quote:

Posted By LetA on 01/13/2023 9:04 PM

The only thing I can tell these owners is to enforce the covenants themselves and consult legal council.

Why isn't the Board enforcing the covenants vs. telling the members to do it themselves?

ElleN (Idaho)
Posts: 4,420

Posted:

Quote:

Posted By LetA on 01/13/2023 9:04 PM
One of our regular problem child is at it again. We have had multiple run-ins with the owners occupant cough cough blood is thicker than water.

We sent all parties involved a cease and desist order from our counsel. We have summoned the owner to a hearing
scheduled for our next board meeting, why wait is another thing entirely. What action can we take if these issues persist
with the occupant?

I personally feel bad for the owners surrounding this home, the immediate neighbor has their house on the market with no
takers and other owners a few houses away have sold and the new owners are furious. The only thing I can tell these owners
is to enforce the covenants themselves and consult legal council.

Your HOA can take the owner to court (and I might support this if I were on the board there). Otherwise it sounds like your board did all it could.

KerryL1 (California)
Posts: 14,550

Posted:

What rules or covenants are the renters breaking? Since you wrote "again," what resulted from previous hearings? Or is the upcoming one the first hearing?

SheliaH (Indiana)
Posts: 6,964

Posted:

What Tim said. You've sent a letter to the owner ordering him to cease and desist - what was the point of doing that without planning what you might do if he/she/they blow you off? If this wax a dispute between neighbors, the board should have said so from the start.

At thus point, you'll have to see what happens if there's a hearing regarding this matter. I hope that letter stated what will happen if the owner doesn't fix this. If nothing happens, you know what's next - turn this over to the association attorney and plan for legal action. 8m sure 5he neighbors will be all 5oo happy to provide evidence to make the association's case.

PS - if you must throw hands before a judge, be sure your lawsuit asks that tge homeowner be ordered to reimburse the association for all legal expenses incurred should you win. Good luck.

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

LetA (Nevada)
Posts: 2,679

Posted:

Quote:

Posted By KerryL1 on 01/14/2023 9:47 AM
What rules or covenants are the renters breaking? Since you wrote "again," what resulted from previous hearings? Or is the upcoming one the first hearing?

I do not want to get into actual specifics, but it involves damaging community property. Refer to my last post i.e, King Solomon.

LetA (Nevada)
Posts: 2,679

Posted:

Quote:

Posted By TimB4 on 01/14/2023 2:26 AM

Posted By LetA on 01/13/2023 9:04 PM

The only thing I can tell these owners is to enforce the covenants themselves and consult legal council.

Why isn't the Board enforcing the covenants vs. telling the members to do it themselves?

It is far more than that Tim, It is beyond a gross nuisance. I feel if the owner of that property is hit with more that one lawsuit
the owner will likely do what is right for the good of the community. The problem is the surrounding owners do not have the working capital
to pay a lawyers retainer and many lawyers do not want to be bothered.

KerryL1 (California)
Posts: 14,550

Posted:

Sorry, I'm too slow, LetA to search for old posts. So if the renters damaging HOA property, why isn't the owner called to a hearing an charged with repairing the common area damage repair and fined as well for whatever the violation(s) was???

I still don't get why any other owners should individually get lawyers???

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