Renters in Condo Committing Crimes

Started by ElizabethC2 • 5 replies • 1905 views

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ElizabethC2 (Illinois)
Posts: 5

Posted:

This is an issue I'm not familiar with so here's the story.

I live in a condo in Chicago and the duplex unit directly below me is occupied by 4 male renters. Last night I witnessed a male in front of the condo building being arrested by an undercover policeman. Turns out the cop caught the guy ripping off several car side mirrors...the suspect happens to be one of the renters in my condo building. About a month a go another roommate was arrested when he refused to pay his cab fare and then began thrashing around the duplex at 2AM. This is very upsetting to me since I bought a condo to get away from apartment living and situations like this.

The question on the table is can the condo board take action against these tennants? Eviction...fine the condo owner...or force him to evict the tennants?

Any input would be appreciated.

-Elizabeth

CharlesW1 (Georgia)
Posts: 826

Posted:

Elizabeth,

I sympathize with you. I know exactly what you’re talking about. Here you are with a single perhaps a dual income and you’re able to afford your condo. Now these young men, I assume all work? So they potential can bring in more money than you.

You are right it sounds just like an apartment living. I understand that this is the reason you moved out of apartment life!

I would think there would be something stating, that you have to be a resident. To be a resident your name has to be on the lease. I know in an apartment this would be the case!

Maybe I don’t know for sure.
Good luck
Chuck W.

Charles E. Wafer Jr.

BonnieE (Illinois)
Posts: 338

Posted:

Elizabeth - it is my understanding that as long as your Declaration, By-Laws, Rules/Regs allow units to be rented out, your BOD can only take action IF the renters break a rule and it is reported to them as a written complaint. In that case the unit owner would be notified and the enforcement process laid out in your Rules/Regs would direct the next steps. I am also in IL so am guessing your enforcement process would be similar to ours. But, talk to your Board about your concerns at their next meeting. Maybe there is something in your Rules/Regs with regard to tenants that could address this. If there is, let us know. Good luck!

WilliamT (Arizona)
Posts: 489

Posted:

This could fall under the "nuisance" clause in your CC&R's, where no one is allowed to perform acts that constituate a nuisance to the community.

Certainly ripping off mirrors and cab drives in the community is a nuisance.

Also, most all rental agreements have a clause requiring tenants to obey the law, and this would apply to the law within the community, not just inside the house.

Perhaps you could get a copy of the police reports (since these incidents happened within your community. With the police reports you have proof of the tenants committing "nuisance" acts inside the community. Send copies to the unit owner along with a first friendly violation notice. You may tell him that it is in his best interest to evict these tenants because the owner is responsible for their actions.

The board can adopt a change to the Rules and Regulations that will reasonably deal with this type of conduct. It should call for a fine without warning for nuisances that are conducted which constitute a felony. And a doubling of the fine for each subsequent offense. Check your state felony laws. In most states, vandalism is a felony.

It won't take long for the owner to get the message and evict these guys.

If another incident occurs, then fine the owner.

You will need to draft a letter to the board with these suggestions. Ask to be placed on the agend to discuss this matter at the next board meeting. Then attend the next board meeting and discuss the options that the board has, and ask for immediate action.

AllanH (Colorado)
Posts: 1

Posted:

Hey Susan. I'm a property manager in the mountains of Colorado. My ownership just voted their approval on several rules that control renting better. The rules were approved based on almost the same scenario....renters pulling all sorts of stunts, and requiring police action. Of course the result is the lowering of the standard of living for my owners. The rules were proposed by our local Chief of Police, who is also one of my Board members. It's a program called "Crime Free Leasing". The program was created a few years ago by the US Department of Justice, and was rolled out in the Portland area. The program is quite successful in 100's of HOA's in our front range communities. The rules that we have implemented include performing a criminal background check on all potential renters, the requirement that all renting (by owners, or property management companies)be done with a lease that we have created (therby ensuring that the renters sign off on provisions that the HOA want), and lastly that the renting owners also have renters sign a "Crime Free Adendum". This document, again from the Department of Justice program, essentially states that if you, your roommates, or any visitors to you, commit a crime or perform an action that could be percieved as a crime, then you waive the right to a normal eviction process, and can be evicted in 72 hours. My blood pressure has dropped 20 points

. Hope this helps, Allan

ElizabethC2 (Illinois)
Posts: 5

Posted:

Thank you for all your responses they were very helpful. My Condo Assoc. will be having a meeting in regards to this issue, hopefully it will have a positive outcome.

Thanks!

-Elizabeth

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