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TammyL2 (New Mexico)
Posts: 26
Posted:
Good morning,

I'm Tammy. I escaped the board; my husband is currently a member at large. I'm seeking your advice on what action(s) I should take regarding our newest (high and tight, quirky) neighbor (70 yrs old?) living in a Yurt, hauling water and configuring solar for the home he is going to build. He built a tarped 15' x 30'? or larger workshop area that housed his kitchen, clothes, food. He defined his perimeter, lined walkways, hung lights. His progress was amazing. Our subdivision is heavily treed, and his activities mostly obscured.

A few months ago, my husband noted packages that had been sitting at the neighbor's entrance for a few days. We dropped over and found our neighbor hadn't been feeling well. He left the property shortly after our visit. We haven't seen him since.

Enter heavy snow and high winds, followed by squalls and rain. Husband reports the cover from the workshop has caved in.

The snow finally melted this weekend, exposing litter all over our property! I don't recognize the litter as being from our household. Husband says, "I'm telling you, that's his trash! Coyotes, bears, packrats and mice are having a field day over there!" "Maybe he died."

Another neighbor stopped by yesterday. We drove over to the absent neighbor's place together. OH MY GOSH! The tarps have blown completely off and away. The walkways are lined with litter. Plastic bags hang from trees. Lables stuck to brush and on the ground. Broken dishes, cupboards knocked over, unsecured Yurt entrance (laptop sitting open). Clothes exposed to elements, tools. It was a sad sight to see. Heartbreaking. We noted that he bagged his trash and kept it under a tarp. A visitor would assume it was building supplies. Every bag is compromised, and contents are strewn everywhere. Ev. Re. Where. This is the work of the weather and animals, not thieves.

This is where we find ourselves, and we sure could use some advice.

thanks for lending an ear.

ElleN (Idaho)
Posts: 4,420
Posted:
Does your Declaration of CC&Rs either allow fines or say nothing about fines? If so, then the New Mexico HOA statute permits your HOA to fine the owner of this land for violation of the covenants.

Your HOA wants to make sure it has a proper and fair procedure for issuing notices of violations. This procedure should include the right of the owner to have a hearing before the board. Involve a HOA attorney to get this procedure done right.

Once your HOA Board has formally adopted this procedure and informed owners of it, it can start sending violation notices to the owner and so on and subsequently, fining.

The board has to be automaton-like about this, following the covenants and procedure to the letter.

If the owner has disappeared, then way down the road, the HOA might potentially be able to foreclose on this property.

Involve health officials in the city as well in deciding how to proceed. If this person is mentally ill, then the HOA must proceed with particular caution.
SteveM9 (Massachusetts)
Posts: 3,699
Posted:
Ask police to do a wellness check. They will make a note of it, or investigate what happened to him if they feel necessary.
MelissaP1 (Alabama)
Posts: 13,836
Posted:
No one has thought once to call the police??? A call for a "wellness check"? Plus if you know their name can see if any information through a google search. It sounds like the guy either died, gave up on the idea, in a hospital, or in nursing care. Maybe the project wasn't approved by the county/city and was forced to give it up?

A simple call to the police and see if they can respond... That is where I would start.

Former HOA President
LetA (Nevada)
Posts: 2,679
Posted:
Yes, start with a welfare check by the police. Is the owner current on assessments? If the litter is racking up fines by the HOA
that are going unpaid, have your HOA attorney run a skip trace on the individual.
TimB4 (Tennessee)
Posts: 21,062
Posted:
Personal Opinion:

If a few neighbors wanted to get together and spend a day helping an elderly neighbor - I see no harm (it also helps everyone).

If the HOA wants to get involved, they send a letter initially - and follow their enforcement polices.

If you want to see if the individual died - check the obits or local records.

If you want a hands off approach - contact the local police for a wellness check and the health dept. about the mess.

TammyL2 (New Mexico)
Posts: 26
Posted:
Sage advice. Thank you TimB4!

Through a series of assessor records and Zillow, I was able to reach out to a realtor and then (finally!) to the family of the owner of the property via email. Our neighbor had been sick and hospitalized. He is warm and safe with family now. Permission was granted to do whatever necessary to secure our property from the litter assault coming from his property.

Thankfully so, because once we parked the pickup in the driveway, Nosy Nans began to circle the proverbial pot, paddles in hand.

Our docs have no teeth; no fines, no penalties. Perhaps this is the spark that will ignite members to action. Hope springs eternal.

Our subdivision is far from hardtop road. Communication options are telephone, telegram and tell a neighbor. I consider contacting a sheriff to ask if they have trail cams they could put up. The word is out!

The neighbor's family forwarded my email address to him. He was very grateful and offered to pay. He followed with several detailed instructions about tent tensioners, nylon cord & the use of tape to keep it from fraying, turning lamps on, and how to properly describe his living quarters as "a white canvas tent" and not a Yurt! I also received a detailed report of what was in his "several" bags of trash and a promise that there were no meat products in them. Except for a couple containers that had held rotisserie chicken! Ya know ... all I wanted to do was pick up trash to keep it off my property. That's all. smh ...

Um .. 2 people - 2 hours - 9 black bags of trash. We estimate we covered about 20% of the problem area(s)!

We must be careful what we wish for!!

I hope you are chuckling. I am.

SheliaH (Indiana)
Posts: 6,964
Posted:
And now you have the makings of a policy/procedure.

As the country ages, everyone may come across these issues and sometimes it's a good idea to slow down and take a moment to visit the home to see what might be going on. Perhaps everyone should be polled to obtain contact information for someone (friend, relative, etc.) who could be contacted about health or safety issues if visits don't work. I'd ask for daytime and evening phone numbers (landline, cell, work) along with email addresses and encourage homeowners to update the information as needed, In some cases, it may even help to find out who your elderly/disabled homeowners are, so in case of bad weather, police and first responders could be notified to see if those homes could be checked first.

Until something is drafted, remind the neighbors that it's a good thing to look out for each other and call the non-emergency number if you become concerned (save 911 for actual emergencies). You might not be elderly or disabled, but anything can happen where you'd be glad someone was paying attention.

If it is not right do not do it; if it is not true do not say it. Marcus Aurelius
TimB4 (Tennessee)
Posts: 21,062
Posted:
Quote:
Posted By TammyL2 on 03/16/2023 8:01 AM

Through a series of assessor records and Zillow, I was able to reach out to a realtor and then (finally!) to the family of the owner of the property via email. Our neighbor had been sick and hospitalized. He is warm and safe with family now. Permission was granted to do whatever necessary to secure our property from the litter assault coming from his property.

Great to hear.

I'm sure you made a friend in the process as well.
MelissaP1 (Alabama)
Posts: 13,836
Posted:
Good news! I've had a few incidents with "abandoned" property. It can be scary on approaching. One time one person disappeared me and the police were running around their house screaming for them. Turn out they had entered rehab the week before without telling anyone. Had a neighbor with the "Help I have fallen" system. Often she hit the button when she was out to lunch somewhere. The police and I would scream at her door peaking in windows...

Glad you and your neighbors have an idea what is going on. Now can help protect the property and your own.

Former HOA President
WendyM5 (North Carolina)
Posts: 1,522
Posted:
I'm glad he is ok. His health is the most important thing.

vis ta vie

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