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Subject: Renter's Friends Dealing Drugs
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Author Messages
JasonL3
(California)

Posts:7


05/17/2021 8:08 PM  
Hi everyone

I'm currently a board member of our HOA and ran into a situation hoping for some input.

One of our owners has rented his unit out to a couple, whose friends are transacting marjuana in the parking lot. So they would come into the parking lot and load/unload and then leave. The entire process is only a few minutes and we have witnesses as well as camera footage.

The owner has been made aware of this situation and decided not to take any action to evict the renters. So at this point, our board is unsure of what to do as the board didn't want to confront the drug dealing tenants heads on for concerns of safety.

Some of the options presented incude.

- Fine the owners for the violations making it unprofitable for them to rent the unit and thus evict the current tenants
- Report it to Crime Stoppers


Has anyone dealt with such a situation and what is the best practice forward? Our CC&R's didn't account for such situations. We just want to get rid of the situation

Would appreciate any help

Thank you

Jason
TerryS6
(Pennsylvania)

Posts:13


05/18/2021 4:05 AM  
Public perceptions re marijuana are rapidly changing. Never the less, you may want to do a little
research on RICO Laws and bring it to the attention of the landlord...ie the possibility that the
Unit could be seized.

In the bigger picture, operating a business out of a Unit in an otherwise residential setting can
lead to problems. Our CC&Rs prohibit this practice.

MelissaP1
(Alabama)

Posts:10590


05/18/2021 4:24 AM  
I am not sure how the laws work in California for Marijuana. We here just passed a law for medical use only. Which is still in progress....

However, your owner's hands may be tied on what they can actually do. Most owner's do not have it in their lease that their tenants must obey the HOA's rules. This means that they can not evict their tenants for HOA violations. The HOA can't evict one's tenants either.

Your best approach? Call the police and report the activity. If it's illgal, then the police need to handle it not the HOA or nosy neighbors.

Former HOA President
CathyA3
(Ohio)

Posts:2599


05/18/2021 4:52 AM  
The tenants' rental agreement may not say anything about HOA rules, but it may have something about illegal activity as grounds for eviction.

As others said, check your local laws about marijuana. Just because it's legal doesn't mean it's OK for anybody to deal in parking lots - sales may be restricted to licensed dispensaries. And I wouldn't assume they're just selling pot. So call the police, get copies of the police reports, and start fining the owner of the unit. As noted, you want to change the economics of this situation.

I don't recommend neighborhood watch programs - you don't want people to get hurt. Could you add lights to the parking lot? Or set up cameras? Maybe hire off-duty police to patrol? I expect the tenants will just move the activity somewhere out of range - but if they're off HOA property, that's good.
MaxB4
(California)

Posts:1601


05/18/2021 9:52 AM  
The OP stated that it was friends of the tenant, not the tenant themselves who were selling pot in the parking. We are not aware that the tenants are aware of this activity. Pot has been legal in California for a few years, so I am not sure what priority or the courts now place on such activity.
JohnC46
(South Carolina)

Posts:11665


05/18/2021 10:28 AM  
As a BOD Member wanting to be fair to all, I would have to "test" the quality of the drugs before calling the police.
MaxB4
(California)

Posts:1601


05/18/2021 11:01 AM  
Posted By JohnC46 on 05/18/2021 10:28 AM
As a BOD Member wanting to be fair to all, I would have to "test" the quality of the drugs before calling the police.



This is not the same as when you were growing up. This new stuff will knock you on your ass.
LetA
(Nevada)

Posts:1466


05/18/2021 11:32 AM  
Posted By JasonL3 on 05/17/2021 8:08 PM
Hi everyone

I'm currently a board member of our HOA and ran into a situation hoping for some input.

One of our owners has rented his unit out to a couple, whose friends are transacting marjuana in the parking lot. So they would come into the parking lot and load/unload and then leave. The entire process is only a few minutes and we have witnesses as well as camera footage.

The owner has been made aware of this situation and decided not to take any action to evict the renters. So at this point, our board is unsure of what to do as the board didn't want to confront the drug dealing tenants heads on for concerns of safety.

Some of the options presented incude.

- Fine the owners for the violations making it unprofitable for them to rent the unit and thus evict the current tenants
- Report it to Crime Stoppers


Has anyone dealt with such a situation and what is the best practice forward? Our CC&R's didn't account for such situations. We just want to get rid of the situation

Would appreciate any help

Thank you

Jason





Going through something very similar now. First and foremost consult with your corporate council every step of the way. Follow your HOA fining procedures to a T. Dot every I and cross every . Does your covenants call for a hearing and what kind of fine? Call the owner to a violation hearing and assess the fine. Keep fining. I would have your corporate council or property manager go to your local police station and file a report, even ask for special patrols. This is a LONG and Tedious process. Don't expect overnight results. I hope Davis Sterling allows you to fine the maximum fine.
We are able to fine $1000.00 for treating the safety and welfare of the community. Also Nevada law allows HOA's to foreclose on unpaid fines that threaten the safety and welfare of the community.

Hope this helps.

BarbaraT1
(Texas)

Posts:589


05/18/2021 11:35 AM  
Posted By JasonL3 on 05/17/2021 8:08 PM
Hi everyone

I'm currently a board member of our HOA and ran into a situation hoping for some input.

One of our owners has rented his unit out to a couple, whose friends are transacting marjuana in the parking lot. So they would come into the parking lot and load/unload and then leave. The entire process is only a few minutes and we have witnesses as well as camera footage.

The owner has been made aware of this situation and decided not to take any action to evict the renters. So at this point, our board is unsure of what to do as the board didn't want to confront the drug dealing tenants heads on for concerns of safety.

Some of the options presented incude.

- Fine the owners for the violations making it unprofitable for them to rent the unit and thus evict the current tenants
- Report it to Crime Stoppers


Has anyone dealt with such a situation and what is the best practice forward? Our CC&R's didn't account for such situations. We just want to get rid of the situation

Would appreciate any help

Thank you

Jason




If your CCRs don't cover this situation, what are you going to fine them for?
JohnC46
(South Carolina)

Posts:11665


05/18/2021 12:47 PM  
Why do I not see this as an HOA issue? If they are dealing drugs on the property, call the police.
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