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BillD16 (Texas)
Posts: 971
Posted:

There is a homeless, probably mentally disturbed guy who has been trespassing at our (closed) community pool since December. He shows up at random in the evening. About a week ago, he inexplicably tore up a bunch of pool furniture, which moved him from “nuisance” to “problem”. We’ve got video, and so far the cops have been called 3 times, they’ve confronted him in the pool area each time - and let him go.

We’re pushing very hard to get him arrested (although the cops told me he’ll be a problem forever, and if he’s arrested, he’s get out in hours). Last night I swore out a complaint on the guy.

Here’s my question: what kind of duty does the Board have to inform the neighborhood? It gets dark early, families go out and walk, this guy has been seen walking in the neighborhood, I’ve seen video of the guy acting out at the pool. I’m “concerned”.

Additionally: how best to inform the neighborhood? How to tell almost 600 families to be cautious, yet not cause people to panic and freak out?

Future question: how to make the guy go away? But right now, I’m wondering about spreading an alert. The Board has barely started to discuss the matter. I feel like we need to alert people; not sure the rest of the Board will agree.

Thank you,

Bill

HOA Board ex-President
Austin, Texas USA

“You can’t put too much water in a nuclear reactor”
LetA (Nevada)
Posts: 2,679
Posted:
Unfortunately nothing will change until people change their poor voting decisions and stop voting for the same politicians that
create messes like these. In the meantime become a nuisance to the police and prosecutors office and keep demanding this trespasses
be held criminally accountable. Entertaining this homeless persons fallacies only encourages him to keep returning.
MelissaP1 (Alabama)
Posts: 13,836
Posted:
This is where a neighborhood watch comes in. It should be separate from the HOA completely. However, it may have all the same people in it plus renters/residents. I see nothing wrong with telling people to be aware of their surroundings and potential danger. Let them know the limits the HOA is facing getting the police to do anything. The HOA may look into getting a restraining order but that may be hard to do. Something would need to talk to a lawyer about.

We had a guy that was a sexual predator type. He exposed himself to a woman at our pool. He grabbed me in a inappropriate way in the pool. The police were looking for him. He also would go naked in front of his windows a lot. The sad part is that he was married with kids and a boy scout leader. Was not much could do about the situation as standing naked in your window is not against the law. So instead I warned the neighbors to never be alone with him. If there were men at the pool, I would ask them to make sure not to leave the women alone with him. He eventually moved. However, I did make sure that people did avoid him if possible.

Former HOA President
SheliaH (Indiana)
Posts: 6,964
Posted:
We have an undeveloped area behind a strip mall and years ago, there was a homeless guy who was camping back there. The police would arrest him for trespassing but he'd find a way back (and then have the nerve to tell the cops and anyone else to "get off my property!") Eventually, they drove him to the other side of town (not sure where) and because he didn't have any money, he was never seen again. We also started mowing that area on a regular basis, so anyone could be seen.

Unfortunately, the police have a point - the mental illness makes it more challenging to work with these people, and unless they've harmed or tried to harm someone, they're released (due to the housing problem, there are few shelters, particularly those who can work with people with mental illness. That said, try contacting a local homeless organization for suggestions. They may be able to send people out to talk to him and get him some help.

You may want to review how secure your community pool is - perhaps it's time to install a fence and some cameras. The more difficult you make it for someone to get into the area, you increase your chances of reducing trespassing. Also, remind people to watch for ANYONE trespassing and/or damaging or trying to damage any part of the common area.

If it is not right do not do it; if it is not true do not say it. Marcus Aurelius
CathyA3 (Ohio)
Posts: 6,299
Posted:
I agree that the board has a duty to alert the community. They need to handle it carefully, though - you don't want panicky neighbors pulling a gun on the guy, or on each other when they're out late at night. I'd advise the board to present "just the facts" as you outlined them, and put the info in the newsletter, on the community website, etc. The board may also want to consider hiring some form of security until this guy moves on. Right now it seems like he's only into vandalism - but you don't want unqualified people assessing whether or not he poses a danger, or trying to handle the danger themselves.

If the board won't take steps, consider spreading the word yourself. Again, just the facts. Ordinarily I avoid social media like the plague, but this is one time where posting info on an appropriate website may be helpful.
ElleN (Idaho)
Posts: 4,420
Posted:
I agree the Board has a duty to report "just the facts" of what is going on to the membership.

"A man has been seen at the pool area vandalizing furniture. Police reports have been made. The police have confronted this man several times. The police said that if they arrested this man, he would be released in hours. The HOA is consulting with its attorney about this."

Ask the attorney about a "no trespass" order. This has a specific meaning for a corporation.

I believe neighborhoods these days can no longer rely on the police or even the courts to help in situations like this. Cities are not set up to deal with the high numbers of homeless and mentally ill.

Perhaps down the road something will give and there will be change.
BillD16 (Texas)
Posts: 971
Posted:
Quote:
Posted By ElleN on 02/21/2023 5:42 AM
I agree the Board has a duty to report "just the facts" of what is going on to the membership.

"A man has been seen at the pool area vandalizing furniture. Police reports have been made. The police have confronted this man several times. The police said that if they arrested this man, he would be released in hours. The HOA is consulting with its attorney about this."

Ask the attorney about a "no trespass" order. This has a specific meaning for a corporation.

I believe neighborhoods these days can no longer rely on the police or even the courts to help in situations like this. Cities are not set up to deal with the high numbers of homeless and mentally ill.

Perhaps down the road something will give and there will be change.

Thank you, everyone.

ElleN, I may steal your words practically verbatim. I’m hoping the Board will see the wisdom in making this information public. If they don’t, I’ll go rogue and do it myself (thank you, Cathy).

Bill


HOA Board ex-President
Austin, Texas USA

“You can’t put too much water in a nuclear reactor”
TimB4 (Tennessee)
Posts: 21,059
Posted:
Quote:
Posted By ElleN on 02/21/2023 5:42 AM

"A man has been seen at the pool area vandalizing furniture. Police reports have been made. The police have confronted this man several times. The police said that if they arrested this man, he would be released in hours. The HOA is consulting with its attorney about this."

I would add the following:

If you see this individual in the devlopment, contact the police at xxx-xxx-xxxx

(this way, they aren't calling the board)
BillD16 (Texas)
Posts: 971
Posted:
Quote:
Posted By TimB4 on 02/21/2023 11:15 AM
Posted By ElleN on 02/21/2023 5:42 AM

"A man has been seen at the pool area vandalizing furniture. Police reports have been made. The police have confronted this man several times. The police said that if they arrested this man, he would be released in hours. The HOA is consulting with its attorney about this."


I would add the following:

If you see this individual in the devlopment, contact the police at xxx-xxx-xxxx

(this way, they aren't calling the board)

Good idea. Was actually thinking about something like

"Please do not confront or antagonize this person. If you see him trespassing in the pool area or committing a crime, do not confront him and instead call 911 if you can do so safely"

Also pondering: including the police case number, the person's name (which is public record) and his photo (from security cam video).

(I've already had one person object to describing him as an "asian male", even though the policeman wrote "a/m" on the report).

Thoughts?

Again, I appreciate your input on this!

Bill

HOA Board ex-President
Austin, Texas USA

“You can’t put too much water in a nuclear reactor”
MarkM19 (Texas)
Posts: 1,459
Posted:
Bill,
I would just warn you that things like this can turn on you. Once in Ca. many years ago we had a homeless person who showed up at our entrance with a shopping cart full of his possessions. It was posted on the ND site at the time and many owners wanted him removed asap and many wanted to donate food, money and stuff to the person. We all know that this could create an environment that attracts others.

This is a tuff situation and IMO I would just continue to have the board members continue to call the PD daily if needed till they get tired of hearing from Ya'll. If someone who wants to help this person and is not trained to do it, then gets hurt who gets blamed?
ElleN (Idaho)
Posts: 4,420
Posted:
Before instructing owners to call the police if they see this guy, I think your HOA needs to get a (texas) "no trespass order."
BillD16 (Texas)
Posts: 971
Posted:

If anyone is interested in followup: our Board met, we agreed on notifying the neighborhood. We were concerned about causing ‘panic’, and I think we did a pretty good job of avoiding that by leading with a notice that we were engaging a security service: it’s not just alerting to a problem, it’s also telling what we’re doing about it. Below is what we emailed out to everyone.

—-
Pool Security Update:
The Board of Directors has engaged [security company] to begin regular overnight patrols of our pool at [address]. We are taking this action because for the last several months our community has suffered a series of intrusions into the pool area in the late evening and early morning hours. Video footage confirms that the same individual is responsible for most of these intrusions. There has been a recent escalation in this person’s behavior resulting in damage [furniture etc].
The police have been alerted on several occasions and they have confronted the intruder and directed him to leave. There is an open police report [police rpt number] … Although the police have spoken directly with the intruder, he continues to return.
Accordingly, the Board and [mgmt co] have decided to begin regular overnight security patrols at the pool for the immediate future until this person is apprehended. Should you see this trespasser, please do not approach him. If you see him trespassing in the pool area or committing a crime, please call 911 when it is safe to do so.
William Doe, President
HOA Board of Directors
[picture of trespasser/vandal from security camera]
—-

BTW, the police suggested including the current open report number. We’re starting with just a couple of weeks of security, and will pay attention as it goes.

Thanks all!

Bill

HOA Board ex-President
Austin, Texas USA

“You can’t put too much water in a nuclear reactor”
CathyA3 (Ohio)
Posts: 6,299
Posted:
Excellent!
MarkM19 (Texas)
Posts: 1,459
Posted:
Bill,
I love to hear when boards make smart decisions and take action. Good job and hopefully you get the good results. Unfortunately, we are seeing more and more of this type of individuals coming into arears where normally we would be sheltered from in the past.

I wish more of a wakeup call could be sent to our City and State leaders to figure this out. I know that it is complex, and many people see it many different ways but at the end of the day IMO most if this comes from mental illness and drugs. When families give up the streets or HOA pools become their homes.
BillD16 (Texas)
Posts: 971
Posted:
Quote:
Posted By MarkM19 on 02/23/2023 10:18 AM
Bill,
I love to hear when boards make smart decisions and take action. Good job and hopefully you get the good results. Unfortunately, we are seeing more and more of this type of individuals coming into arears where normally we would be sheltered from in the past.

I wish more of a wakeup call could be sent to our City and State leaders to figure this out. I know that it is complex, and many people see it many different ways but at the end of the day IMO most if this comes from mental illness and drugs. When families give up the streets or HOA pools become their homes.

Thank you. I hope it works out okay.

I hear ya on the overall problem. I'm not sure where you are in Texas, but compounding the problem here in Austin is the fact that APD and the CoA are having 'issues'. Both of the cops I've talked to recently gave me sob stories about how "well, it's been rough lately, everyone is being moved around and doing extra jobs and ..." (and also blaming liberal bleeding heart judges who consider a homeless trespasser "just a guy who wants a warm place to sleep at night"). It's pretty obvious the police aren't really "into" helping with this kind of thing. And to be honest, I can't blame them: when I went up to the pool on Sunday night to formally tell the trespasser that he was trespassing&yadda - that was a real low point for me, personally. I ran for the Board to help little old ladies deal with rotten PMs and such. Not this crap.

"My" trespasser - let's call him "Lex", because his initials are "LL" - seems mentally off, but also after watching him on video for many hours, he's also something of a predatory animal, living off the land. I probably won't win any friends by saying that, but it's the truth. Lex isn't just bumbling around; I get a definite sense that he is practicing a kind of 'stealth-craft': he frequently changes clothing (which makes him more difficult to ID); he seems to be using our pool as a cache for small items he shoplifts from local stores; he's got backpacks stashed around in various places filled with clothing, shoes, etc; he seems to be aware of the security cameras and tries to avoid them; he wears a hat, pulls up his hoodie hood, and keeps his head down whenever he's talking to people, which seems to make him a lot less memorable; he shows remarkable economy of movement and effort (he pushed a big pile of shoplifted items through the fence to the outside of the pool, then walked out through the gate - leaving it just a tad ajar, so it could be re-entered - and collected the items); and so on. He's very good at being meek and humble when the police talk to him, which I believe is something that does not come naturally to most people. Although when our porter confronted him back in January, Lex took off running. I think Lex has some intelligence about him, but mostly I think that Lex has been doing this for a long time, and his 'craft' is largely based on a large base of experience.

I could be completely wrong. In any event, I don't want him to be hurt or killed - which has been suggested to me - but I'm not sure what can be done to help this guy. What little experience I've had with "chronically homeless" persons suggests that *they don't really want to be helped". They *like* the life they're leading, and they aren't particularly interested in joining the rest of society and getting a job and etc. But I'm no expert. The police know of him: "EDP history, narcotics user, known to carry weapons, described as homeless, no warrants."

Oh - I'll mention that an oddball idea I've been considering is *tearing down the shed at the pool*. Since that seems to be Lex's focus whenever he comes to visit. It's a small 'private room', surrounded by a fair amount of open space, and I think he likes it because he doesn't think he can be trapped there (versus the pool bathrooms, which each have one door and even tho he's a scrawny li'l guy, I would not want to corner him in such a space). We'll probably get fence extensions and see if that works. The night before last I saw a different homeless person - a woman on a bicycle - get through the locked front gate simply by extending her arm far enough through the gate gaps that she could bang on the pusher-latch widget on the inside and Open Sesame! So there's that, too *sigh*.

In the meantime: God forbid I should get pulled over with an expired registration!

Bill

HOA Board ex-President
Austin, Texas USA

“You can’t put too much water in a nuclear reactor”
MarkM19 (Texas)
Posts: 1,459
Posted:
Bill,
I am about 30 minutes north of Austin. I really hardly ever go into that City because it is such a mess and evidently the Council Members like it that way. My Son moved there to be close to work and lives in a very nice part of town yet homeless are closer to him than what I could handle. He graduated from Berkely a couple of years ago, so he is much more used to it than his mom and I are. We have not had any of the major problems they have but only a matter of time before it spreads our way.

I am with you about how dangerous it can be to confront people in this situation. They really have very little to lose, and we have so much more.

The Good Luck my friend
BillD16 (Texas)
Posts: 971
Posted:
Quote:
Posted By MarkM19 on 02/23/2023 11:44 AM
Bill,
I am about 30 minutes north of Austin. I really hardly ever go into that City because it is such a mess and evidently the Council Members like it that way. My Son moved there to be close to work and lives in a very nice part of town yet homeless are closer to him than what I could handle. He graduated from Berkely a couple of years ago, so he is much more used to it than his mom and I are. We have not had any of the major problems they have but only a matter of time before it spreads our way.

I am with you about how dangerous it can be to confront people in this situation. They really have very little to lose, and we have so much more.

The Good Luck my friend

I've spent some time in Berkeley, circa 1989. Actually, that was my first encounter with chronic homelessness. At the time, one of the larger issues with the homeless was that many of them didn't bathe. Like: *ever*. I don't know that it was neglect so much as a conscious avoidance strategy on their part: other people simply did not want to be near them because they smelled so awful. It's difficult to imagine any police officer taking such a person downtown to be processed.

I'm not certain if they were 'homeless', but there was another group of people who I thought of as 'panhandlers'. As one might expect, they kept themselves clean. Which was kind of a prerequisite for approaching people and asking for spare change. The downside was that if you didn't fork over some $, they got very rude, very fast: cursing and yelling and so on.

I don't know what it's like now. I guess college towns are magnets for all manner of 'persons of the road'. When I was moving into my freshman dorm at UIUC, I was accosted by some guy with a sob story about how he'd been abandoned by his friends, and could I spare him a dollar, or anything so he could go home?

Bill

HOA Board ex-President
Austin, Texas USA

“You can’t put too much water in a nuclear reactor”

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