problem renter challenging expectations

We have a renter (mother is offsite owner) who has become a problem. He (65) is likely mentally unstable, and mother continually asks for rules to be modified because of his PTSD. Example: He refuses to comply w/ new policy on smoking (can only smoke in one area of complex away from other units) and smokes in his unit w/windows open. His instability turned this into 'being picked on', and he has refused to comply. New policy was board decision (not done through change in bylaws). Adequate notice was given to all owners regarding new policy before it went into effect. Fine system is in place. I realize this makes it trickier than if the policy has been codified in bylaws, but it is still a legal policy for the campus.

One board member (and the mother) believe this renter is entitled to some kind of 'hearing' before being fined, because of Oregon law on smoking. I can find nothing in Oregon HOA law, about renters being allowed to challenge and it is not in the association's documents.

He likes to challenges every rule, (dog pees where asked not to; loud music coming from open window infringes on other owners; the smoking; makes smoked meats regularly which smell carries onto other owners' patios; speaks disrespectfully to board members, has harassed other owners who reported smoking, etc. etc. etc.] All this makes it cumbersome for the board to respond to each. new. thing.

Does anyone know of a situation - with attorney guidance obviously - where a renter can be asked to leave an HOA campus?

Ultimately, the owner is responsible for the conduct of his/her household members or tenants, so that's who you'll need to go after. Your documents may have something about the homeowner's right to quiet enjoyment of his/her property, and that's been used to take legal action against people who maintain nuisance conditions.

Homeowners can sue each other for violations of the CCRs - I would assume that could include community rules, but you'll need to talk to the association attorney about your options. Most of us aren't attorneys and what's true in your state may not be the same in ours. It's not really a good idea to get legal advice on specific legal dustups from the internet (just because it's on the internet doesn't always mean it's true!)

I did a little Googling and here's what one person on Quora said on a similar subject (and he has PTSD):

"It’s your house, and any guests you allow to stay with you must be willing to abide by your conditions—PTSD or not. I too have severe PTSD, but if someone else also diagnosed (or not) were staying with me and they were even just disrespectful towards me—then sorry, it’s time to go. I’ve actually been in that situation before. They were asked to leave and did so within thirty minutes (I didn’t leave any other option).

PTSD sucks, it’s hard—for us, for those we love, and at times even people we just know. It wasn’t my fault I ended up with this illness, and I’m sure it wasn’t your friend’s either. But I have never treated anyone the way you describe. Sure I’ve had bad days and probably over reacted, but I have never threatened anyone...

It is possible that they actually don’t remember, and didn’t choose to behave that way, but that isn’t an excuse. If their illness is under so little control then they need to take it seriously and find a treatment method (assuming they are in treatment) that will work. This isn’t your responsibility either. If it’s important to them to preserve the relationship you (may) have, or to avoid these behaviors then the burden is on them to prove (which involves taking steps to ensure it doesn’t recur)."

Now, having quoted that, I agree with your colleagues that it's time for a hearing to get everything on the table regarding this man's behavior. If Mom keeps saying "but he has PTSD" to justify everything, then she and her son should be able to explain what he's doing to address his condition - smoking like a chimney creating a secondhand smoking situation isn't going to fix this. As a practical matter, he can keep the window shut when he lights up and get special ashtrays that can capture the smoke. For the loud music, research your documents to see what they say about noise and let these people know their neighbors have a right to sue them for those disturbances. For the dog peeping and possibly pooping everywhere, you'll need some evidence (time and date stamped photos of the dog letting it rip, so to speak) and bill the owner for the cleanup - or sue her for the cleanup. A complaint with the city might also help because this is a health hazard - maybe being fined will inspire her to make some changes.

It's not necessarily about moving the man out - the other residents should be adult enough to talk to him about his issues in an adult manner (no cussing, threats, throwing hands, etc.) They should also be keeping track of dates and times of bad behavior because if things escalate to where the man should leave, this will be necessary to show a judge, along with documentation of efforts you've made to resolve the problem.

Finally, you didn't say what prompted the man's PTSD, but talking to a local mental health organization may be useful in understanding where he's coming from and you could get suggestions on how to address it in a compassionate manner. That's not to say you haven't tried, but it can help to talk to people who work with folks who have issues like this. Good luck!

There is no "ultimately" to it. All communications pertaining to this tenant's violations should be with the owner, period.

Per statute, a resident with a documented disability is entitled to accommodations that are "reasonable." I spoke to the smoking above. The smoking is a different issue that your board has likely botched up. For the other alleged nuisance violations by this tenant, so far I am not persuaded that the law requires any accommodation. Why? Because the other owners have a right to a certain amount of peaceful enjoyment, pursuant to what the covenants permit.

Documentation of the dog urinating in the wrong places, the harassment, the noise et cetera will be key.

Hire a well-qualified COA attorney.

For personal safety and liability reasons, COA/HOA directors should never, ever approach tenants with mental illness. Nor do directors have any obligation to do so. Nor should directors be dealing with tenants when of course, the correct party to deal with is the owner.

The COA's only obligation is to enforce the covenants and so notify the owner of the tenant's problematic conduct

Thanks for the feedback

I understand your point, but I believe the HOA, in part, enacted a smoking rule for the common areas. A court is going to uphold that every day.

I read it. And in part, they have designated a location in a common area for smoking. They could have banned all smoking in common areas.

Smoking not banned in units. Because smoke 'drifts', smoking not allowed in unit with windows/doors open (or on patios/balconies) where smoke also drifts to nearby units. In some cases the units are attached by a common wall (like in a duplex situation) and the issue was smoke causing allergy and other health issues for nearby owners.