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Forums > Homeowner Association > HOA Discussions
Subject: Overcrowding
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Author Messages
DavidB19
(Virginia)

Posts:1
07/19/2010 1:49 PM  
Hi all, my first post. I am a unit owner in a townhouse development in Virginia and we have had a serious problem with illegal aliens and overcrowding in this city in the past 3 or 4 years and lately it has seemed to get much worse. The association says there is nothing they can do and that it is a city matter and the city is known to look the other way because of sanctuary policies. Is it true that the association can do nothing in this case or not? There have to be some kinds of steps that they can take to stop this type of living or make it hard for them at least? I am worried everyday about fire or some other type of issue related to this. I have already gotten roaches from my neighbors who have at least 12 people in there on a daily basis. Any ideas or information would be much appreciated.
TimB4
(Virginia)

Posts:3247
07/19/2010 4:11 PM  
David,

Expecting that you don't have something in your governing documents already, the only thing I could think of would be for you to start a campaign to amend the covenants of your association to limit the number of unrelated persons living in a home/lot within the development. You could check other States that have similar laws (CO is one of them but it might only be a city ordenance for Fort Collins).

You would need to follow the procedures outlined in your Associations governing documents to submit a petition for a special meeting for the purpose of amending the covenants. Typically it takes 2/3 vote of the membership to change the Declaration of Covenants. However, check your governing documents as this could be different for your Association.

Even if such a statement is passed, I'm not sure how the Association would enforce it. The only power they would have would be fining, removing access to common areas (except roadways as (if I recall correctly) the Association can't block someone in VA from access to their home), and voting privileges. I'm not sure a court battle would be worth the expense for the Association as you would need to prove they are not related first.

As you can see with what I've tried to explain, it would be a difficult process at best.

If there are laws on the books in VA (I haven't looked so I don't know), you could make a complaint to the police. If there are health issues, you could make a complaint to the county health department. etc. etc.

I know this probably isn't the answer you were looking for, but I hope it helps.

Tim
MaryA1


Posts:0
07/19/2010 4:12 PM  
David,

Welcome to the "real" world. We in Arizone have been battling these problems much longer than you! Since AZ passed SB1070 many of the illegals are relocating to other states. VA's sanctuary policies should be replaced with legislation mirroring AZ's; otherwise your problems are just going to get much worse.
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Forums > Homeowner Association > HOA Discussions > Overcrowding


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