harrasment of the board

Started by ChrisT1 • 9 replies • 1464 views

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ChrisT1 (Florida)
Posts: 5

Posted:

Hello,

Sorry fairly new to the site.
We have a POA, and I currently serve as the Vice Prez.
Our Prez. has received visits from the Health department, animal control,code inforcement,ect.ect.
Please keep in mind that this has been within a few weeks.

A homeowner has even threatend to call the department of children and family on me.
The problem is, that this home owner has become a sanatary nuisence.
They keep approx. 16 cats within there dwelling. The smell of all of the urine and feses has become a problem to the neighbors.
They collect old disgarded electronics, and store them within the dwelling. (pluged in, I might add.)

Several county agentcies have been contacted due to formal complants to the board.
Now it seems that the home owner is lashing out at the board.

Can anyone give me some advise, as to how to handle this growing problem?
We have several problems simmalar to this, however we handle all of them the same.
We strive to be fair, and honest.

Is there anyway we can contact someone to make this stop?
It is weighing on us to the point, we may not be able to serve our time out.

DonnaS (Tennessee)
Posts: 5,671

Posted:

Chris,
Welcome aboard.
This person with the 16 or so cats is classified as a "HOARDER". It is a mental disease and requires intervention by the local animal control, humane society or ASPCA. The sooner the better.

Threatening to call Kids Services is just a response to you for this persons mental problems. She is just lashing out. Do the right thing. Follow your documents. Making her stop will be everyones problem but you will have to deal with it, even tho this is something that you must get a grip on.

ChrisT1 (Florida)
Posts: 5

Posted:

thx Donna,

We have done everything we can as a board.
All local agencies here have been contacted regarding several complants.
The heath dept. (They told us "They could not smell anything comming from the property".)
Animal control said " They cannot do anything as long as the cats are tagged and housed properly".)
Code enforcement is doing everything thay can, however they cannot gain access to there property without permission.
The Fire dept. was made aware of all of the electroinics packed into this four bedroom home, you cannot walk into.
All of these electroincs (Disgarded vcr's, tv's dvd players ect.) that were plucked from the trash are all pluged into multiple power strips into power strips into the wall outlets.

The house has no A/C and in the summer it is extremely hot, is this fair to the wellbeing of the cats?

I am at my wits end regarding this.
They work 3 times harder to go around the rules, than just following them.
Now they have made false claims to the very agencies we look to for help.

very frustrating to say the least.

KirkW1 (Texas)
Posts: 1,665

Posted:

Fortunately, there are strict limits on government agencies invading your home. Count it as a blessing that they can't just come into your house because someone makes a claim about you. Unfortunately, the side affect is that this neighbor has the same protections. Sometimes the limitations are beyond your comprehension. For instance while renting a house, I couldn't invite code enforcement into my back yard to see a problem with the house that my landowner wasn't dealing with.

But to your problem, I agree that the person probably has a mental condition. And the people to speak with are the mental health authorities. Spend some time and ask what it takes to create an actionable case. (Again, they can't just barge into a life without just cause.) And while you build a case, resist the urge to call yet another agency. Or at least make sure that if they come they will be effective.

Keep in mind also, that if they make a false report to agencies, that can become a police issue. Falsely accusing someone of child abuse is a felony here in Texas. Also, ensure that nobody from the board ever interacts without a 3rd party present for your protection. Even better, find out if you can record interactions without permission of the other party. State law varies widely here. In Texas for instance, you can record any conversation you are a part of without the other party's consent. This applies to face to face interaction and phone calls as well. But don't assume this is the same for your area. I know in some it is forbidden to record audio without both party's consent.

ElizabethB1 (Arkansas)
Posts: 50

Posted:

Chris,

I'm with Donna on this one...call the humane society not just the local animal control. My bet is somewhere in city code is some law which limits the number of pets one can keep.

Perhaps, I've been watching too much Animal planet or whatever channel has the ASPCA group. They've collected dozens of pets for single homes before. It is really "hoarding".

GlenL (Ohio)
Posts: 5,491

Posted:

Chris I can't say this strongly enough DOCUMENT, DOCUMENT, DOCUMENT every contact the Association (or you personally) has with this homeowner. If they tell you "Good Morning" take out a notebook and jot down the date, time and what was said. Courts and government agencies don't put a lot of faith in "remembered" events but if you have it in writing it holds more validity, especially threats.

Studies show that 5 out of 4 people have problems with fractions

JC3
Posts: 290

Posted:

How DO you KNOW that there are that many cats, and that the appliances "plucked from the trash are all plugged into multiple power strips into power strips into the wall outlets.
How do YOU know you can't walk into the home?
Even code enforcement can't go in without permission.

WHO is doing the harassing?

ChrisT1 (Florida)
Posts: 5

Posted:

First of all JC I would like to thank you for taking the other sides perspective.
However I tried that for a year or so myself.
I have been inside of the dwelling, as other board members as well.
We would be invited to come in, from the homeowner.
I have received multiple complants from the ajoining property owners of the smell.

Everything the Property owners have been conplaning about, I have seen and smelled!!
I am here to gather opinions on how we as a board should handle this fairly to the owner in question.
I do not want to harrass of be aggressive to any homeowner.
All I want is to fact find, and get to the bottom of all this mess.
We have plenty of proof, that this is a problem.
Agian, I want to be very clear.
I have been inside the home of the accused.
I was invited to do so.
I do not want to be accused of harrassment of any kind.
We run this board fair and ethically.
Now knowing all of the above to be fact, JC can you offer direction, or are you here just to accuse?

MaryA1 (Arizona)
Posts: 7,043

Posted:

Is this a single family home or a condo unit? So many assn members are so quick to criticize the board for sending violations notices acting like nosey busy-bodies, etc. until they encounter a problem they don't want to handle. Then all of a sudden it's a problem for the board to solve! The only resp. the board has is to enforce the assn docs. Is this really a problem for the board to be concerned about?

However:

1) Is there a limit on the number of pets?
2) Is there a rule against dirty homes?
3) Is there a rule against collecting old, discarded electroncs and keeping them plugged in?

If "no" to all of the above,then the board shouldn't be getting involved. The complaining neighbors should be complaining to the authorities or perhaps family members.

Frankly, this person sounds like he/she suffers from OCD (obsessive, compulsive disorder). And, actually I doubt there's a law against living the way she/he does!

ChrisT1 (Florida)
Posts: 5

Posted:

Hello Mary,

Yes this is a single family home.

The county states that they are allowed as many pets as they can care for. (This is very vauge.)
The pets in my opinion are not being cared for. Inbreeding I do not think is a proper way to care for your pets.
Aniamal control says they need there shots and have to be tagged. (Which they are not tagged nor have they had there shots.)
I understand that sometimes we must dirrect our homeowners dirrecty to goverment agencies,But we are also neighbors as well.
Code enforsement states how many cats or dogs baised on square footige. (They would be allowed aprox. 8 cats.)
I know the run arround you get form the various agencies, I have been through this before.
They look to us for results, I do not want to disapoint them.
But It looks like they will be this time.

We will enforce the rules within our CC&R's regarding yard waste.
abandoned untagged cars, various automotive debris, and not properly housing of there animals.
It just seems to me, that this will only drive us away from what really needs to be done.
Sometimes it is not as easy as a simple yes or no.

Thanks for the information and your time.

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