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Subject: Can the HOA really do much with noisy neighbors in a condo complex?
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DanielleG4
(Florida)

Posts:50


06/03/2021 5:07 PM  

What if the neighbor rents upstairs and you own your unit. You’ve called the police, the police came by and the tenant still is loud late in the night with guests. You’ve filed two reports and bring it to the attention of HOA. If the tenant that’s noisy rents, who’s more at risk? The tenant or the landlord? The HOA mgr seemed hopeful in his approach to resolve it but I’m very doubtful, expecting the absolute worst. He said first he has a conversation with the tenant, second time there’s a notice with a fee warning and last the fee is administered? Or there’s some kind of HOA hearing where the case is presented to the board to appeal? If the tenant rents, is the tenant or landlord charged? Not sure how much the fee is but I mean I’m not sure if they’d actually require it eventually or they just send warnings. I love my place but my upstairs neighbor is making my life hell. Any insight? I’m not sure if the noise coming from upstairs is falling above the required decibel level in order to be considered going against noise ordinance with the city. This is what the HOA mgr told me above, I tried speaking with the regional director of the HOA company to get more info today and she has yet to call back. She said that she would need to hear the case, she had to go right as I just asked for more info. She said in most cases the police are better suited to get involved but in others the HOA may be able to intervene. It’s contradictory to what the mgr in the community said...is this a hopeless case? The declaration isn’t very specific
KerryL1
(California)

Posts:8720


06/03/2021 7:12 PM  
You're an owner, so you have access to your HOA's documents. Most CC&Rs (AKA: declaration; covenants, deed restrictions) have nuisance clause. It might include noise, noxious odors or anything that interferences with your peaceful enjoyment of your home.

Then, HOAs also have rules. In condos, like yours & mine, ours say there never may be loud boisterous nonie on balconies, in the pool area, etc. nd there definitely may not be after 10PM. Do you have anything like that in your HOA? if you have some of these wrteenin your documents, there then usually is a penalty for owners who don't obey those covenants or rules. If Owners tenants don't obey, it's still the owners' problem.

If you have rules with penalties, the enalites need to be listed. Often called a fine schedule. In addition, the owner should be called to a hearing to give their see of the story.

In our HOA, our main discipline issue is parties on balconies that bother neighbors. They call our security personnel who tell the offenders to go inside & quiet down. If the violators don't sort the noise, the unit owner gets a letter c and called to a hearing where a fine is peotneailly charged. The owner is warned that each infraction for the fine can double.

So, yes, but it all depends on what your documents say.

If you don't have security personnel, you need to audio record the noise or get a property manager or board member as a witness. Most board wont' called alleged violators to hearing without confirmation by a 3rd party of the violator.

fines work!
DanielleG4
(Florida)

Posts:50


06/03/2021 7:42 PM  
I checked the declaration and it says that nuisances are not tolerated, noise in general. They follow the noise ordinance with the city and that mean quiet hours are usually 10 PM- 7 AM. I found an app that measures decibel levels and records it, I was told if the cops come and the noise stops that’s all that they care about. I plan to have a cop come by every time there’s an incident for documentation reasons, we can’t contact security directly. There’s no fine schedule in the declaration, so the neighbor wouldn’t be called to the hearing? And can the fee be dropped?
CathyA3
(Ohio)

Posts:2588


06/04/2021 4:56 AM  
The bottom line with condo restrictions is that the board can't prevent these things from happening, they can only penalize the offender after the fact (eg. with fines) and with luck discourage future bad behavior.

But even if they fine the neighbors into next Sunday, that won't give you back lost hours of sleep. And in my experience, really determined bad actors view fines as the cost of doing business and will do whatever they want regardless. It's worse if they're tenants, since typically it's the owner of the unit who is being fined, and the owners' dealings with their tenants are limited by local landlord-tenant laws. If the tenant's lease agreement doesn't allow the landlord to evict after a certain number of violations, you're probably stuck with that person at least until the end of the lease period.

So realistically... noise-canceling headphones, call the police, move.
CathyA3
(Ohio)

Posts:2588


06/04/2021 5:05 AM  
Posted By DanielleG4 on 06/03/2021 7:42 PM
I checked the declaration and it says that nuisances are not tolerated, noise in general. They follow the noise ordinance with the city and that mean quiet hours are usually 10 PM- 7 AM. I found an app that measures decibel levels and records it, I was told if the cops come and the noise stops that’s all that they care about. I plan to have a cop come by every time there’s an incident for documentation reasons, we can’t contact security directly. There’s no fine schedule in the declaration, so the neighbor wouldn’t be called to the hearing? And can the fee be dropped?



Additional info:

That's true about the police response to noise violations. They're not responsible for enforcing HOA/COA rules unless the board has an agreement with the police to provide this service. Otherwise they just enforce local ordinances - if the noise stops, they're good.

The fining schedule won't be in the Declaration, only language giving the association the right to fine. The board has to develop the fining schedule and publicize it first - they can't just make it up as they go along.

Second, the tenant isn't a member of the association and wouldn't be called into a hearing - the owner of the unit is responsible for the tenant's conduct and would be the one who is fined. It's up to the landlord to "police" his tenant. (In some cases a condo association has a bit more say in rental affairs, but this isn't the norm - your governing docs would have to have some kind of language authorizing it).

DanielleG4
(Florida)

Posts:50


06/04/2021 5:38 AM  
That’s what I was told would be a possibility, either the owner can evict the neighbor or break her lease earlier. Wishful thinking?
DanielleG4
(Florida)

Posts:50


06/04/2021 5:42 AM  
Would the fee cause the landlord to possibly evict or not renew her lease? People were saying that they may not want to keep a tenant causing trouble (feeing them)
CathyA3
(Ohio)

Posts:2588


06/04/2021 6:03 AM  
It's going to depend on what the lease says and what your state's landlord-tenant laws allow (short version: tenants have a lot of rights).

Smart landlords do background checks, and they put clauses in the lease requiring the tenant to abide by the community's governing documents and giving the landlord the ability to evict based on certain criteria (such as three violations of the community rules and you're gone). Other landlords... don't.

Breaking a lease early is almost certainly asking for legal trouble, in addition to the fact that the unit will sit empty and the landlord has to go through the additional expense of finding a new tenant. The landlord has significant incentives to not do that.

In short, you probably should not rely on help from the unit owner - his main interest is earning money.
LetA
(Nevada)

Posts:1462


06/04/2021 6:05 AM  
Posted By DanielleG4 on 06/04/2021 5:42 AM
Would the fee cause the landlord to possibly evict or not renew her lease? People were saying that they may not want to keep a tenant causing trouble (feeing them)





YOU!!!! can enforce the CC&R's against the unit owner. Start by writing a strongly worded letter to the owner of the unit. If the Nuisance persist. Pay an attorney that specializes in HOAs to write the owner a more strongly worded letter. You as an owner are in the drivers seat here, There are a few things you can do to the renter like issue a C&D order. At this point it sounds like they are committing the noise violations out of spite.
LetA
(Nevada)

Posts:1462


06/04/2021 6:11 AM  
Posted By DanielleG4 on 06/04/2021 5:42 AM
Would the fee cause the landlord to possibly evict or not renew her lease? People were saying that they may not want to keep a tenant causing trouble (feeing them)




Possible, What does your fee and fining schedule say about fines and reoccurrence? Some are just a $100.00 a pop, some fines escalate for each reoccurrence. Like Cathy said about investment owners, a fine is a mere pittance to them, it is the cost of doing business. However, if it gets to the point where someone threatens legal action against them. that usually will get their attention.
DanielleG4
(Florida)

Posts:50


06/04/2021 6:12 AM  
Would I also be attending the hearing? So the fee may not do anything essentially?
DanielleG4
(Florida)

Posts:50


06/04/2021 6:13 AM  
Yeah I wouldn’t be surprised if it was intentional. I spoke to a few attorneys and none of them specialize in this, someone said I could write a letter to the tenant but that’s useless
DanielleG4
(Florida)

Posts:50


06/04/2021 6:16 AM  
I have tried speaking to attorneys in the area but none helped, one only suggested writing a letter to tenant and the other suggested speaking with the city commissioner. The fine portion of the declaration isn’t specific, maybe I can attach a screenshot. And when I spoke to the HOA mgr, he made it sound like the fee was in the thousands unless It’s wishful hearing, what about going to small claims court?
LetA
(Nevada)

Posts:1462


06/04/2021 6:24 AM  
Posted By DanielleG4 on 06/04/2021 6:12 AM
Would I also be attending the hearing? So the fee may not do anything essentially?




No, you won't be summoned to the hearing only the unit owner will. Likely they will not attend and will ignore the notice. The board will in turn assess a fine to the owner.
LetA
(Nevada)

Posts:1462


06/04/2021 6:27 AM  
Posted By DanielleG4 on 06/04/2021 6:16 AM
I have tried speaking to attorneys in the area but none helped, one only suggested writing a letter to tenant and the other suggested speaking with the city commissioner. The fine portion of the declaration isn’t specific, maybe I can attach a screenshot. And when I spoke to the HOA mgr, he made it sound like the fee was in the thousands unless It’s wishful hearing, what about going to small claims court?





About small claims court. dunno. I'm not an attorney. Check with your state bar for a referral to an attorney that specializes in HOA disputes. They're out there
DanielleG4
(Florida)

Posts:50


06/04/2021 6:39 AM  
Why wouldn’t they show up? The fee isn’t much?
CathyA3
(Ohio)

Posts:2588


06/04/2021 8:01 AM  
Posted By LetA on 06/04/2021 6:05 AM
Posted By DanielleG4 on 06/04/2021 5:42 AM
Would the fee cause the landlord to possibly evict or not renew her lease? People were saying that they may not want to keep a tenant causing trouble (feeing them)





YOU!!!! can enforce the CC&R's against the unit owner. Start by writing a strongly worded letter to the owner of the unit. If the Nuisance persist. Pay an attorney that specializes in HOAs to write the owner a more strongly worded letter. You as an owner are in the drivers seat here, There are a few things you can do to the renter like issue a C&D order. At this point it sounds like they are committing the noise violations out of spite.



Maybe not. That seems to be an HOA thing and not a COA thing, at least in my area. I think the Declaration has to give owners the right to enforce, otherwise they have to rely on the board. (Maybe due to the different ownership structure? Speculating here...)

However, anybody can sue anybody else for anything if they can find a cooperative legal beagle, so who knows.

The problem with a noise violation is proving damages.

Bottom line: someone who is bothered by noise really needs to think twice about condos or any communal style living. You'll always be at the mercy of those who don't obey the rules, no matter how strict the rules or vigorously enforced they are. It takes very little time to break the rules, but considerable time/effort/money/aggravation to enforce them, with no guarantee that you get the solution you want.

DanielleG4
(Florida)

Posts:50


06/04/2021 8:16 AM  
Maybe not as the owner won’t want her there? Or maybe not as she’ll probably still be allowed to live there?
KerryL1
(California)

Posts:8720


06/04/2021 10:04 AM  
I don't quite grasp your use of the word "fees," Daniella. What does that mean.

Look, we're a twin towers high rise. Fines against the owners DO work to stop noisy behavior, especially if you double them after each hearing. Owners will finally exert pressure on their tenants to knock off the noise. The tenants know that ultimately the owners will urge them for the penalties via withholding certain reg fundable deposits. We had tenant voluntarily move once the fines to the owners hit $1,600. ($100, $200, $400, $800, $1,600.) Yes it took five hearings that rued against the owners. But generally owners only have to be fined one or twice.

Your CC&Rs give your Board the right to deter such noise. Your Board needs to step up.

What do you mean you can't contact security?

Record the noise for evidence. Don't you have a neighbor who can confirm the noise?
DanielleG4
(Florida)

Posts:50


06/04/2021 10:47 AM  
Fees as in the HOA actually deciding to charge the owner for their tenant violating the rules, I meant fine.. Someone said in a previous comment that the owner may skip the hearing, is it because the fine is low? I can’t call security in my community as a witness, there isn’t a direct line for them only police. I do record and don’t feel comfortable approaching her neighbors. If this is the case then why are other commenters so negative about this working out? Quite frankly I am too
KerryL1
(California)

Posts:8720


06/04/2021 3:43 PM  
All I know, Daniella, is that fines work. We have 211 condos. Owners often don't show up at hearings. They still can be and are fined.

Other posters seems to be talking about court and police and eviction and all manner of things. As I wrote before, your HOA needs to have a Fine Schedule. It sounds like your PM does have a sequence that they're following that should lead to a hearing and a fine.

Look, since your HOA has restrictions against loud noise, it IS an HOA matter if you can prove the violation. You STILL can call the police to put extra pressure on the violators.
LetA
(Nevada)

Posts:1462


06/04/2021 4:24 PM  
Posted By DanielleG4 on 06/04/2021 6:39 AM
Why wouldn’t they show up? The fee isn’t much?





Mostly when it comes to investors, they just don't give a rats patoot. They just pay the fine. Owners only pay attention when when an HOA serves them greetings wrapped in pretty blue paper.
JeffT2
(Iowa)

Posts:637


06/04/2021 5:22 PM  
A lot of people keep getting this wrong. Your condo association can directly fine the tenant. They can fine either the owner or the tenant.
DanielleG4
(Florida)

Posts:50


06/04/2021 5:42 PM  
So because they don’t give a shit, they’ll likely have the tenant continue to live there?
KerryL1
(California)

Posts:8720


06/04/2021 6:15 PM  
Daniella. Focus on the fines. The Owner will not like them. Owners of our units don't like them. You want the noise to stop. Fines work!

Jeff in our HOA, we only can fine the Owners. I think that's pretty typical. If their tenants don't comply, our docs permit us to withhold common area amenities. That DOES affect the tenants right away.

If Danilla's governing docs permit it, her board can withhold amenities if her HOA has any worth withholding. We, for instance, have Vistory Paring in our underground garage. We recently withheld that one for 30 days from an Owner whose tenants had noisy parties. he Oner also was fined. No noisy parties since after about 6 weeks. Fines work especially if they double.

CathyA3
(Ohio)

Posts:2588


06/05/2021 4:56 AM  
Posted By JeffT2 on 06/04/2021 5:22 PM
A lot of people keep getting this wrong. Your condo association can directly fine the tenant. They can fine either the owner or the tenant.




That may be state- or CC&R-dependent. We can only fine owners, not tenants.
CathyA3
(Ohio)

Posts:2588


06/05/2021 5:23 AM  
Posted By DanielleG4 on 06/04/2021 5:42 PM
So because they don’t give a shit, they’ll likely have the tenant continue to live there?


That is a possibility.

Economics 101 for Landlords and for Others Who Have to Live Around Their Tenants:

* Owning rental property is a business. If you are not making money, it is an expensive hobby.

* The unit owner needs to be cash-flow positive - in other words, income from rents must exceed all expenses, including maintenance, condo assessments, mortgage payments, payments for an on-site manager of their own if the owner lives out of town, and taxes.

* Fines are an unplanned expense. A lousy tenant could cause the landlord to go cash-flow negative, which is why they may be effective if the association keeps after the owner for the tenant's violations.

* A landlord who didn't have to take out a mortgage to buy the property has lower expenses overall, thus more wiggle room to absorb other expenses such as fines.

Two things will determine how likely it is that a landlord will be affected by fines:

* Will the fines cause him to become cash-flow negative?

* Is the nuisance factor sufficient to get his attention - ie., is this just one da**ed thing too many with this particular tenant?

As you can see, there is very little in there that a condo association controls, other than how strictly they're enforcing the rules. Many associations have recognized this and have amended their CC&Rs to tighten up their rental restrictions to keep investor owners out. However, you need to have the cooperation of the membership to do the latter, and plenty of associations have had amendments fail because owners want to maintain the right to be landlords themselves.

Lessons:

* Do not live in a condo community without a strict and vigorously enforced rental restriction already in place.

* Lousy neighbors are always a possibility, especially in condos and apartments. Often your only recourse is moving yourself.




DanielleG4
(Florida)

Posts:50


06/05/2021 7:10 AM  
Posted By KerryL1 on 06/04/2021 6:15 PM
Daniella. Focus on the fines. The Owner will not like them. Owners of our units don't like them. You want the noise to stop. Fines work!

Jeff in our HOA, we only can fine the Owners. I think that's pretty typical. If their tenants don't comply, our docs permit us to withhold common area amenities. That DOES affect the tenants right away.

If Danilla's governing docs permit it, her board can withhold amenities if her HOA has any worth withholding. We, for instance, have Vistory Paring in our underground garage. We recently withheld that one for 30 days from an Owner whose tenants had noisy parties. he Oner also was fined. No noisy parties since after about 6 weeks. Fines work especially if they double.





I am not sure if they mention withholding amenities. I’m guessing the fines vary per association, what’s generally the starting one for noise violation?
AugustinD


Posts:1901


06/05/2021 8:03 AM  
Posted By DanielleG4 on 06/05/2021 7:10 AM
I’m guessing the fines vary per association, what’s generally the starting one for noise violation?
What you want to do is quit asking for speculation and guessing from this forum. Instead, ask your HOA/COA for its fining policy.
JeffT2
(Iowa)

Posts:637


06/05/2021 9:46 AM  
Posted By KerryL1 on 06/04/2021 6:15 PM
Jeff in our HOA, we only can fine the Owners. I think that's pretty typical. If their tenants don't comply, our docs permit us to withhold common area amenities. That DOES affect the tenants right away.




I agree it is typical. In CA you can fine the tenant if you have a lease addendum, at least that is what Adams-Stirling recommends. My point is, an association does not automatically need to deal with the owner. There are often ways to deal directly with the tenant. In Florida the law says a condo association can directly fine the tenant.

JeffT2
(Iowa)

Posts:637


06/05/2021 9:47 AM  
Posted By CathyA3 on 06/05/2021 4:56 AM
Posted By JeffT2 on 06/04/2021 5:22 PM
A lot of people keep getting this wrong. Your condo association can directly fine the tenant. They can fine either the owner or the tenant.




That may be state- or CC&R-dependent. We can only fine owners, not tenants.



It is true that associations can always deal with the owner, but the association often has options to deal directly with the tenant. For example, condo associations in Ohio can evict tenants (according to what I saw in state law).
JeffT2
(Iowa)

Posts:637


06/05/2021 9:49 AM  
For reference, here is florida condo law:

718.303 Obligations of owners and occupants; remedies.—

(1) Each unit owner, each tenant and other invitee, and each association is governed by, and must comply with the provisions of, this chapter, the declaration, the documents creating the association, and the association bylaws which shall be deemed expressly incorporated into any lease of a unit. Actions for damages or for injunctive relief, or both, for failure to comply with these provisions may be brought by the association or by a unit owner against:
(a) The association.
(b) A unit owner.
(c) Directors designated by the developer, for actions taken by them before control of the association is assumed by unit owners other than the developer.
(d) Any director who willfully and knowingly fails to comply with these provisions.
(e) Any tenant leasing a unit, and any other invitee occupying a unit.
The prevailing party in any such action or in any action in which the purchaser claims a right of voidability based upon contractual provisions as required in s. 718.503(1)(a) is entitled to recover reasonable attorney’s fees. A unit owner prevailing in an action between the association and the unit owner under this section, in addition to recovering his or her reasonable attorney’s fees, may recover additional amounts as determined by the court to be necessary to reimburse the unit owner for his or her share of assessments levied by the association to fund its expenses of the litigation. This relief does not exclude other remedies provided by law. Actions arising under this subsection may not be deemed to be actions for specific performance.

(2) A provision of this chapter may not be waived if the waiver would adversely affect the rights of a unit owner or the purpose of the provision, except that unit owners or members of a board of administration may waive notice of specific meetings in writing if provided by the bylaws. Any instruction given in writing by a unit owner or purchaser to an escrow agent may be relied upon by an escrow agent, whether or not such instruction and the payment of funds thereunder might constitute a waiver of any provision of this chapter.

(3) The association may levy reasonable fines for the failure of the owner of the unit or its occupant, licensee, or invitee to comply with any provision of the declaration, the association bylaws, or reasonable rules of the association. A fine may not become a lien against a unit. A fine may be levied by the board on the basis of each day of a continuing violation, with a single notice and opportunity for hearing before a committee as provided in paragraph (b). However, the fine may not exceed $100 per violation, or $1,000 in the aggregate.
(a) An association may suspend, for a reasonable period of time, the right of a unit owner, or a unit owner’s tenant, guest, or invitee, to use the common elements, common facilities, or any other association property for failure to comply with any provision of the declaration, the association bylaws, or reasonable rules of the association. This paragraph does not apply to limited common elements intended to be used only by that unit, common elements needed to access the unit, utility services provided to the unit, parking spaces, or elevators.
(b) A fine or suspension levied by the board of administration may not be imposed unless the board first provides at least 14 days’ written notice to the unit owner and, if applicable, any occupant, licensee, or invitee of the unit owner sought to be fined or suspended, and an opportunity for a hearing before a committee of at least three members appointed by the board who are not officers, directors, or employees of the association, or the spouse, parent, child, brother, or sister of an officer, director, or employee. The role of the committee is limited to determining whether to confirm or reject the fine or suspension levied by the board. If the committee does not approve the proposed fine or suspension by majority vote, the fine or suspension may not be imposed. If the proposed fine or suspension is approved by the committee, the fine payment is due 5 days after the date of the committee meeting at which the fine is approved. The association must provide written notice of such fine or suspension by mail or hand delivery to the unit owner and, if applicable, to any tenant, licensee, or invitee of the unit owner.

(4) If a unit owner is more than 90 days delinquent in paying a fee, fine, or other monetary obligation due to the association, the association may suspend the right of the unit owner or the unit’s occupant, licensee, or invitee to use common elements, common facilities, or any other association property until the fee, fine, or other monetary obligation is paid in full. This subsection does not apply to limited common elements intended to be used only by that unit, common elements needed to access the unit, utility services provided to the unit, parking spaces, or elevators. The notice and hearing requirements under subsection (3) do not apply to suspensions imposed under this subsection.

(5) An association may suspend the voting rights of a unit owner or member due to nonpayment of any fee, fine, or other monetary obligation due to the association which is more than $1,000 and more than 90 days delinquent. Proof of such obligation must be provided to the unit owner or member 30 days before such suspension takes effect. A voting interest or consent right allocated to a unit owner or member which has been suspended by the association shall be subtracted from the total number of voting interests in the association, which shall be reduced by the number of suspended voting interests when calculating the total percentage or number of all voting interests available to take or approve any action, and the suspended voting interests shall not be considered for any purpose, including, but not limited to, the percentage or number of voting interests necessary to constitute a quorum, the percentage or number of voting interests required to conduct an election, or the percentage or number of voting interests required to approve an action under this chapter or pursuant to the declaration, articles of incorporation, or bylaws. The suspension ends upon full payment of all obligations currently due or overdue the association. The notice and hearing requirements under subsection (3) do not apply to a suspension imposed under this subsection.

(6) All suspensions imposed pursuant to subsection (4) or subsection (5) must be approved at a properly noticed board meeting. Upon approval, the association must notify the unit owner and, if applicable, the unit’s occupant, licensee, or invitee by mail or hand delivery.
(7) The suspensions permitted by paragraph (3)(a) and subsections (4) and (5) apply to a member and, when appropriate, the member’s tenants, guests, or invitees, even if the delinquency or failure that resulted in the suspension arose from less than all of the multiple units owned by a member.
DanielleG4
(Florida)

Posts:50


06/05/2021 10:31 AM  
Posted By AugustinD on 06/05/2021 8:03 AM
Posted By DanielleG4 on 06/05/2021 7:10 AM
I’m guessing the fines vary per association, what’s generally the starting one for noise violation?
What you want to do is quit asking for speculation and guessing from this forum. Instead, ask your HOA/COA for its fining policy.




You can block me if it’s an issue but what I do know right
DanielleG4
(Florida)

Posts:50


06/05/2021 10:41 AM  
I wish the declaration broke it down to this degree, it’s confirmed what you shared is applicable across FL?
JeffT2
(Iowa)

Posts:637


06/05/2021 10:47 AM  
Posted By DanielleG4 on 06/05/2021 10:41 AM
I wish the declaration broke it down to this degree, it’s confirmed what you shared is applicable across FL?



yes that is condo law in Florida. Here's the rest:
http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0700-0799/0718/0718.html
AugustinD


Posts:1901


06/05/2021 11:05 AM  
Posted By DanielleG4 on 06/05/2021 10:31 AM
You can block me if it’s an issue but what I do know right
Yes, I can ignore your posts. I agree: If you do not know enough to ask the manager for the fining policy, then little progress on your issue will occur. (I happen to think the issue is extremely important, and there is much more that can and should be done, and yes, by the COA. But I am also near 100% confident that you will need an attorney and to pay a few thousand dollars to get a good outcome.)
DanielleG4
(Florida)

Posts:50


06/05/2021 11:29 AM  
Ugh so is the fee supposed to be mentioned in the declaration? He did mention a fine that sounded high so I’m not sure if this specific one would be charged to the tenant/owner. The bickering and negative/positive comments are a concern. I don’t know what to believe anymore
CathyA3
(Ohio)

Posts:2588


06/05/2021 11:41 AM  
Posted By DanielleG4 on 06/05/2021 11:29 AM
Ugh so is the fee supposed to be mentioned in the declaration? He did mention a fine that sounded high so I’m not sure if this specific one would be charged to the tenant/owner. The bickering and negative/positive comments are a concern. I don’t know what to believe anymore



Sigh... a fee is not a fine.

It would be unusual for a dollar amount for fines to be in the Declaration, although I suppose it could happen. Usually the Declaration has language giving the association the right to impose fines for violations of the governing documents. It's up the board to develop the fining schedule and to make it available to the membership.

This is why people are telling you to talk to your property manager or to the board if you don't have a manager. They're the ones who know this stuff.
AugustinD


Posts:1901


06/05/2021 11:42 AM  
DanielleG4, for what it is worth:

For starters and from a few years of reading here, you can believe most anything that KerryL1, LetA, CathyA3, and JeffT2 post. They own any mistakes they made. They have substantive experience and as importantly, wisdom. I cannot say this about a number of others at this forum.

So far, this thread has only winners posting here. If their responses differ somewhat, it is because you are asking for people's best guesses, based on the limited information you presented. Though they are best guesses, in my opinion and experience they still have much value.

I recently installed LetA on AugustinD's HOATalk Supreme Court, along with the aforementioned others and a few others who have not yet posted to this thread. Congratulations. (I know: Tell me to shaddup.)
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Forums > Homeowner Association > HOA Discussions > Can the HOA really do much with noisy neighbors in a condo complex?



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