Owners tenants juvenile causing law problems

We have an owner who rents his unit (past board grandfathered that one?). Anyways we have had police here on and off, either arresting the lady, her kid causing property damage, trespassing into other units private areas, and the kid tried to break into the adjoining unit which has that owner asking the board how much more does everyone else have to put up with. They are understandably upset. The majority of the board members just let everything continue and tell everyone that it's the owners problem and call the police. The board is doing NOTHING and I think they should have some legal right against the problems we continually have with this owners tenants. The owner has basically said WE have to buy it off him or deal with it. Any advice?

Beth, besides the civil actions the police bring against the renter the HOA can establish reasonable rules and regulations which include restriction to which all owners must comply. This would include a fine schedule. Then the owner can be held responsible for violations by their renter and the owner can be fined.

There may be a "nuisance" rule in the CC&R's. You could see if the acts of the family are creating a nuisance under the CC&R's.

Beth:
By the way, you can't fine the renters, because HOA's have no authority over them, but most landlords are not happy being fined for actions of their tenants.

Jim

Well after doing some research, the board members basically said they can't do anything unless the association buys? the place. We have a clause to evict, these people have violated about 5 of the rules if not more. The board tells the one member complaining call the police, but yet this juvenile did property damage and the board did NOTHING, not even make a police report. I say all the owners OWN this property and that the board is negligent in following the bylaws. The owner doesn't even supply the names of who lives there which is also in the bylaws. We have our yearly meeting coming up and I would like to force the issue by saying they need to be evicted and the landlord fined everytime whenever someone causes problems. Why in the heck would the association have to buy this place to cause the owner? And I would love to see the other owners take a look at the photo, video evidence and the boards solution. Something just doesn't add up here with why this owner has so much authority.

What we keep running up against, the board refused to file police reports on this guy. The kid actually spray painted what some of us considered a direct threat on the fencing and the building, and the board and I quote "it doesn't warrant a police report" Then tenant is dropping these kids off and leaves all night so owners are concerned and no one can enjoy their property anymore without being worried.

The owners have filed reports but obviously things are not changing. The board said all they can do is buy the condo from the guy? That just makes no sense to me and I'm actually wondering what is going on. Can't a grandfather clause be revoked or a time limit put on it for renting after the original one?

Beth:

In all your post on this topic you fail to mention anything about your MC. Do you have one?
Your disatifaction seems directed only toward your board of directors.
The MC is the one responsible for enforcing the rules/regulations. We receive updates and status reports. After the two letters are sent and there are no improvements, the homeowner (not the tenant) is called before the board.
Failure by the homeowner to show at the meeting, begins the immediate fining process which is billed to their account.
Renters may not give a hoot, but begin fining the homeowner and see how fast things change. Hit the pocketbook. It will work.

Jim

All the steps you have said have been done over and over and over. We have requested a management company rather than have a board that isn't willing to fulfill what they were voted into do and volunteered to do. We might appreciate them if they would even talk with any of the owners that are having the continually problems but they won't even answer letters or phone calls. And they are the ones responsible to file reports for vandalism to the buildings, the parking lot, the lawn, the outside of buildings but they do none of this. They leave us owners to deal with everything. So no I didn't expect them to do anything about the kid trying to break into a home, but we do expect them to fix the damage he's doing and we do expect follow the rules and regulations that we all have to. The police say call our association, the association say to call the police, the landlord tells us to all move. Go figure. But I like the idea of fines and costing him money like he's cost us!

Jim, I agree with you. Generally the Attorney General's office is about as effective as the U N but worth a try. To 'fire' the Board for failure to enforce the CC&Rs requires removing them from office. The procedures can be found by doing a searc of this board.

I saw a comment i feel compelled to speak about: Someone in the thread mentioned getting a management company to do what the board refused to do.

From experience, I must point out that NO management company can solve anything if the board is unwilling to do their job. A mangement company can manage, they can help, they can assist and provide services and advice, but they cannot give the HOA the backbone to do what they should be doing. If your board refuses to do their job, hiring a management company will not help the problem, because as soon as the MC tries to do something, the board will waffle, change direction, etc., and leave the MC hanging as well. All MC's get their power and direction from the HOA board, and a bad board with no power cannot give the MC any support or backing.

A board has the AUTHORITY and RESPONSIBILITY to run the HOA. The board can delegate the AUTHORITY to a mangement company, but they can never delegate responsibility. A management company without a strong board behind them is just as weak as the board itself.

Never look to a management company to solve the problems of a wishy washy, weak, indecisive board. That's unfair to place that expectation on the company, because they cannot be given the power to be responsible, just the authority to do work.

I have seen too many HOA's think a MC will solve all their problems, when the truth is, the HOA must solve their own problems first. If the HOA is unwilling to solve the problem, handing it off to someone else won't do it either. MC's are not magic bullets, they are contractors who can help an HOA, but they cannot BE the HOA.

James, I couldn't find any of my posts on removing Board members either. Sorry about that. So one more time:

To remove a Board member (other than resignation) requires a vote of the members at a duly called members meeting. Your By-laws should state how to call a special meeting of the members. Often it requires 20% and the only business which can be conducted must be stated in advance.

This can be accomplished by a signed petition. The petition could state "we the undersigned members of in good standing call a special meeting of the _____ HOA, for the purposes of consideration of removal of (list names) from the Board of Directors; and to vote on candidates to replace any Board members removed for the remainder of their term."
It is wise to include a date, time and location for the meeting to prevent the Board from stalling several months.

You can create several pages with room for several signatures per page. Once you have more than sufficient signatures either request the Board to send a notice to all owners or else do it yourself.

At the meeting if no Board members show up then appoint a chairperson and conduct the official meeting. If Board member are present they should be allowed to speak prior to taking a vote on each of those listed for consideration to remove.

Have candidates lined up who would be willing to be candidates for election for each Board member removed.