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October 11, 2009
Undesirable Neighbors in Condo or HOA - What Can 'Ya Do About It?
Someone next door is bringing in the homeless - is that a problem with a solution? I get many questions about neighborhood issues. The rights of owners in a Condo or HOA are different than those in a subdivision without a homeowners association. There are more options in an HOA or Condo than the regular old subdivision - so there ... there are some good things about being in an association! (Some people wonder because there is a disturbing amount of "bad press" out there.)
Here's the email I received about homeless trouble makers. It's not a crime or necessarily a bad thing if you want to take in a homeless person to help them out, but it can create problems. Read on.
"We live in [city eliminated to protect the writer], CA in a [medium sized - less than 100 unit] complex.We have a neighbor that has been disturbing the peace and quiet as well as bringing "friends" that are homeless .One of the neighbors saw him destroying property from common area. He has a record with the police who seem to be unable to do anything. Cars have been vandalized, property from porches has been stolen but no proof can be gathered.The only thing we can pin him for is disturbing the peace and quiet. Is there something the HOA can do ?"
I am not sure how the "homeless" contingent fits in here - maybe it's the homeless person's unfortunate luck to be associated with a "trouble maker" but to make sure I cover the question to best I can (addressing troublemakers and homeless hanging around HOAs), I will keep both topics in mind.
For people who violate rules, check the association documents for all the rights and remedies. Boards usually can consider disciplinary action (which could include fines, penalties, reimbursement assessments, suspension of rights, etc.) upon the owner of a unit for actions of any of the residents or guests allowed in the unit (whether the homeless, their friends on probation, the problem child, the senile great aunt, etc.) if they have "enough" proof, which may even include only "circumstantial evidence". The law requires various forms of "due process" including notice of the problem and a hearing, circulation of (fine) penalty schedules to the members and the like. Some attorneys even say that there has to be a witness and the accused must have the opportunity to "cross examine" the witness.
I don't go that far. If there are a number of problems surrounding a unit that begin when new residents move into the neighborhood, suspicion about those residents and their "guests" or visitors might be justified and so additional "investigative" measures might be smart. Calling them to a hearing might elicit further information - in fact - many "guilty" parties cannot wait to tell the Board why they have a right to do what they are doing or why the Board can't do anything about it. Who needs a witness for that?
For people who are homeless and "hang around" - the police can be called and yes, people in HOAs and Condos have the same right to police protection as those who do not live in the HOA or Condo, as we all pay taxes for police protection and anyone who hangs around who does not belong on the property is trespassing.
So what is better about being in an HOA or Condo? (1) There are usually specific rules, (2) there is an association that has enforcement powers, (3) the Board usually can do something to address a nuisance, and, last but not least, (4) owners can also enforce the rules!
Yes, cities can do code enforcement in a subdivision; however, the (1) rules and boundaries are not generally as clear between code violations and CC&Rs (as the recorded regulations are called in California) and rules, (2) there may not be enough teeth in codes regarding nuisance situations, and (3) many municipalities lack the resources to address code violations.
So there you have it. In an HOA or Condo you have two possible layers of enforcement, i.e., code ordinance by municipality (yes, code ordinance enforcement applies in HOAs too), and board or neighbor for neighbor nuisance situations.
Posted by Beth Grimm at October 11, 2009 11:55 AM