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Thursday, November 26, 2020











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Subject: That ONE home
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Author Messages
LetA
(Nevada)

Posts:1047


11/13/2020 9:42 AM  
There really isn't much an HOA can do to get rid of a problem renter and a homeowner that refuses to evict the tenant, all we can do is keep fining. Is it selective enforcement? We have some very angry homeowners that are fed up with the elements that these people are bringing into the community. What other options do BOD's have?
AugustinD


Posts:4421


11/13/2020 9:51 AM  
Posted By LetA on 11/13/2020 9:42 AM
There really isn't much an HOA can do to get rid of a problem renter and a homeowner that refuses to evict the tenant, all we can do is keep fining. Is it selective enforcement?
If the renter is breaking the rules and you are fining all others the same for breaking the rules, I do not see how this can be selective enforcement.

The unhappy neighbors need to do their part and keep filing complaints with the HOA, so the HOA is on solid legal ground in continuing to fine.
KerryL1
(California)

Posts:7660


11/13/2020 10:24 AM  
Yes, you've complained about this renter a few times.

Keep fining. Is the Owner paying the fines? Do your fines double on repeat offenses of the same violation? If the occasion arises, call the police and encourage their close neighbors to do the same.
SheliaH
(Indiana)

Posts:3577


11/13/2020 11:00 AM  
You say people are "fed up with the elements" the tenant is bringing in the community, but if you want to avoid the selective enforcement tag, be sure you and the neighbors focus on the ACTIVITY, not the visitor's race, gender, age, etc. Too often, people are far more critical of people of other demographics doing the same thing people in their group are also doing (and you know what I'm talking about).

If these people are causing damage to the common area, creating a lot of trash or other violations of community rules, document what's going on and hammer the owner accordingly (maybe he or she doesn't mind opening his/her pocketbook to pay for nonsense). Tell the residents if they're concerned about criminal activity, call the police department's non-emergency number (save 911 when you actually see a crime being committed).

If a resident gets a copy of police report, it may be helpful to give a copy to the property manager - get enough of these and perhaps legal action can be taken against the owner for maintaining a nuisance or whatever's in your documents that prohibits activity to prevents others from quiet enjoyment of their homes. Talk to your association attorney as well to see what and when stronger action may be appropriate.

PS - this is a situation where you'll need to insist on complainers providing their contact information.
His/her testimony may be necessary if the situation escalates to legal action by the HOA - and you may be able to tell fairly if there's something to the issue or if people are being petty for no reason. If the board or property manager can verify the information, it might not be necessary to bring in the complainant at first.
JeffT2
(Iowa)

Posts:570


11/13/2020 6:24 PM  
Your governing documents should have a broad statement that says your documents apply to (and are enforceable on), all owners, tenants, occupants, residents, etc. Your docs probably already have a statement that they can be enforced through the courts. If you have these statements, consider going to court to enforce your docs, rather than fines.

If your docs do not have those statements, then consider amending your docs to add them.

Some suggestions for amendments to your documents:

Fines can be levied directly on tenants (after a hearing, etc).

Require all landlords to have a written lease with their tenants, a copy of the lease must be given to the association, the lease says the tenants will follow the rules of the association, and the lease also says that the association can evict tenants that violate the association's rules.

This can be accomplished by a lease addendum.

You might want to require this by board rule or negotiate this lease addendum directly with the landlord, to take effect at the next lease renewal, instead of going through the expensive amendment process. Why would the landlord voluntarily do this? It will relieve the landlord of getting fines and having to go through eviction and will leave the choice of eviction up to the tenants if they choose to violate the rules.
LetA
(Nevada)

Posts:1047


11/14/2020 6:26 AM  
I have read NRS 116 and there seems to be one tiny glimmer of hope. Traditionally, HOA cannot foreclose on owners that don't pay fines, they can only lien. NRS 116 does say that an HOA can foreclose on a fine providing the owner threatens the health and welfare of the community.


With that said, let me ask this question.. If you tag a car for 48 hour towing notice because the car is in the street, wheels off and on jack stands. Just because the owner puts wheels on the car and removes the jack stands, does that make the vehicle operable? To me, if the vehicle remains in the spot, it is inoperable and should be towed when the 48 hour clock runs out. what say you!
AugustinD


Posts:4421


11/14/2020 6:42 AM  
Do you think informed responses will result without your quoting the relevant covenant and rules?
KellyR6
(California)

Posts:18


11/14/2020 7:11 AM  
We had one homeowner who was fined $17,000 for a series of violations. It was paid without complaint. Tax write off. The monies were used to build a new website for our HOA.
GenoS
(Florida)

Posts:4158


11/14/2020 1:01 PM  
$17 grand for a website? Nice work if you can get it.
LetA
(Nevada)

Posts:1047


11/15/2020 6:23 AM  
Posted By AugustinD on 11/14/2020 6:42 AM
Do you think informed responses will result without your quoting the relevant covenant and rules?




Parking and Vehicular Restrictions. There shall be no on-street parking within
the Property of any type of vehicle except that Guests of an Owner or Resident may use the
streets during brief and limited visits to such Owner's or Resident's Lot. Owner's and
Resident's vehicles maybe subject to registration with the Association. Any vehicle parked in
violation of this Section 9.2 shall be subject to immediate towing without notice. Accordingly,
no Owner shall park, store or keep within the Property any inoperable or commercial type.
vehicle (including, but not limited to, any dump truck, cement mixer truck, oil or gas truck or
delivery truck) unless said inoperable or commercial vehicle is stored in the garage on the Lot.
Further, no Owner shall park,. store or keep on his Lot any recreational vehicle (including, but
not limited to, any camper unit, house/car or motor home); any bus, trailer, trailer coach, camp
trailer, boat, aircraft or mobile home; or any other similar vehicle, without the approval of the
Board, unless such vehicle is stored in a garage on the Lot. In addition to any other criteria upon
which an approval or· denial may .be based, the Board may take into consideration the height,
length, width and overall look of the vehicle. No Owner should base the purchase of a Lot on
the vehicle or RV parking arrangenient made at the time of purchase or thereafter as such criteria
may change from time-to-time as determined by the Board. The Board shall have the power to
enforce all parking and vehicle use restrictions applicable to the Property, including the power to
remove violating vehicles from any of the· Property to the extent permitted by applicable law. If
the Board fails to enforce any of the parking or vehicle use regulations, the County or other
applicable governmental authority may,but need not, enforce such regulations in accordance
with state and local laws and ordinances.


We are forbidden by law to immediately tow except for parking in a red zone, all others are given 48 hour warning.
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