Partying College Student. Dad Owns. Legal Steps

I have posted in regard to this neighbor so please note I am aware. This is an on going saga with steps I have initiated. I have read our ccrs, docs rules etc. I am well aware that if a neighbor is loud and it affects my peaceful living I have the right to pursue action by our HOA. Which I have done. I am also on the board.

Scenario. Young college age guy with male roomate. Multiple incidents of late night mid week, weekend you name it partys. I originally put the tenant on notice and spoke with him. Not any better. More parties. Called police, 4x in 6 months. 1 letter to homeowner per board with threat of fine.

Last night. I was kept awake until I couldn't stand it anymore. I also called the local police, and unfortunately I had a work emergency that required me to go to a patients home. ( 12md.) I know that when I left, the police was just pulling up,. I got on the elevator with 4 young men who were enebriated beyond.. who were "lost" and couldn' t find the party. When I got off the elevator a group of 4 girls were "just" getting here fo the party.. you get the idea.

I spoke with the local authorities for legal support. They advised making this last call a last "courtesy" call from the local police. One more incident I can press charges of noise abatement and disrupting the peace. Requires a court visit and an automatic $1000 fine if the police arrive with this complaint to find a raging party again.

That is where I am now. Last warning, ready to pursue something outside of the HOA. Our board meets monthly... and moves very slowly with infraction on rules, but the legal route is the only choice I think I have at this point. Homeowner was asked to attend a meeting and did not show.

Has this or something like this been an issue with other HOA"s. Is the legal step the best way to go at this point? Thank you.

Personally, I think it's wise that the HOA didn't get involved. Policing the behavior of members is not in their job description. The liability would be horrendous!

You are on the right track by going thru the legal system.

You said tenant? So the party guy is a renter? He will be fined the $1000, not the homeowner.

Given the situation, you won't win the rental route. The son is only a renter if he actually pays rent. The HOA only stands to lose money on that route.

Given that they are in an elevator perhaps the HOA should be involved. If it were me though, I would seek civil damages after a fine has been assessed. The conviction would provide the needed evidence to win in a civil suit.

Actually Francesca I would agree to talk to him (son), I'm assuming. That gives him an opportunity to apologize in person and assure you that there will be no further parties. Young kids don't always realize the impact their sometimes negative and/or inconsiderate actions have on others. If he is truly contrite it would benefit him as a learning experience. If he is just saying the words and not meaning them so to speak, you still have the legal route. jmo.

Actually Francesac,

He has acknowledged that he now knows you are serious about this noise. Kids are STUPID and oblivious to their behavior impact on others around them.

What I would do is to agree to meet with him.

Start right off with "OKAY, HERE'S THE DEAL. I AM PUTTING YOU ON NOTICE THAT IF ANY OF THIS HAPPENS ONE MORE TIME, I HAVE THE POLICE READY TO RESPOND WHICH WILL COST YOU $1000.00 AND COURT COSTS, THE ASSOCIATION WILL FINE YOU AND YOUR FATHER FOR A RULES VIOLATION. I AM WILLING TO GIVE YOU THIS ONE MORE CHANCE. CAN YOU ASSURE ME THAT YOU ARE GOING TO STOP ALL OF THIS NOISE AND THAT WE CAN GO BACK TO PEACEFUL EXHISTANCE HERE?"

The ball is in your court. Sometimes taking the negative approach with a kid gives back negative behavior and it could become much worse. Every hear of retaliation?

Francesca,

I, too, agree that a little talk with the young lad might be the best thing to do. But, talk to him as his neighbor who has been dealing with his noisy parties, not as a board member.

DJ,

This could be and will be fodder for arguement on what language to use. My Husband and I use different language skills, tones and inflections on everything as I see you would too. So all I can say is, one has to adapt to their situation and who they are dealing with. Sorry but I am not one to soft pedal with anyone who is already crossed the line. But always, end it with a smile and a handshake.

Ellen,
I probably should have put quotes and smiley faces on the "stupid" word. It was used as a tongue in cheek comment. Yup, I know some stupid parents too who have taught this new generation of "ME"s to not consider anyone else.

FrancesaM,
I don't believe this has been touched on.
I don't know how real it is, but, I have been reading about the owners suing board for not fulfilling their mandate to enforce covenant restrictions, and if I remember right the suit was for not upholding fiduciary responsibilities because covenant enforcement was not pursued against a violator and damages occurred to the plaintiff. If that is the case and the Board was made officially aware of this kind of activity, can they step away? It has a lot to do with what the contract stated that was signed when owners joined the association. So Francesa, as a Board member I would at least ask for an official answer from the association attorney and tell him the facts of the story up till now. A written opinion from him/her might prove helpful later.

As a private individual, it sounds like your steps are proper but it probably will require you hire a lawyer. A think personally, the HOA may make a bigger splash than the individual if this behavior effects more than one person and several people sign complaints.

Maybe someone can comment on any state statutes that would be involved and trace down responsibility under the Sate Law and under the CC&R's.

DJ,

You ASSUME that he is a polite, contrite and apologetic kid and I assume that he is a kid who is inconsiderate. Why would he have to be told that he was bothering someone with party noise. You think he doesn't know that they were loud?

Lets not argue on his demeanor because we don't know, only Francesca does

OH.. ok. for the record. I think I handled this situation an all input was great.

I for the record and very happy with getting the legal side involved. The young man did apologize to me, and I accepted it, however I told him that by no means allows him to think he can toss another 30+ person party and think its ok.

For the record. I got an email from our HOA president stating to the board that we as an HOA can only invite him again to next months meetig to discuss this. I myself think the whole route our HOA is doing doesn't quite fix the issue. The man missed a meeting last month... so I am sticking the legal route and opted to keep tabs myself with keepin the intention of a a noise citation. I thank that is way more effective.

Robert,

This is an association violation as well as a public nuisance issue. The Board should also send a letter to the owner/Father, letting him know that the matter is over unless there is a problem that reoccurs with the son. I strongly think that the Boards presence should be known to the party owning the unit and that they can and do have the right to enforce any problems with the units occupants. Absolutely no way should this be brought before the membership at a Board meeting as there has been peaceful resolution for now.

Well, the two issues at hand

Tenant..

Father/owner..

The dad has been put on notice about 2months ago of excessive noise. ( another letter went out a month after to ask him to a mtg>> no show)

Son, who may not really understand the issues at hand, and as far as I know? His dad may never of told him the HOA is complaining. Really some ho's with tenants never talk....
The HOA can still talk to this man if they wish. I am stepping out of voiting on any action against the HO unless there is another incident which will result in a cittion from the legal end.