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amricca · Mar 31, 2009, 12:18 PM

So thought you real estate law experts may be able to help me here. I have some neighbors who are constantly breaking assoc. rules, littering, parties, not supervising their kids... etc. We have fined them over 20 times in the past 2 years. We have informed their property manager (they are renters) about them and he continues to renew their lease each year. All of my neighbors have problems with them. Can we do anything? Sue the Owner? Property manager? I have read through our assoc. rules and did not find anything about eviction for multile rule violations.

twinkiedooter · Apr 2, 2009, 09:52 AM

The association basically messed up by not having a clause in the bylaws to evict tenants for multiple violations. Would suggest that they hold a meeting and "vote" in some new regulations regarding tenants being evicted. Homeowners are a different ilk, but tenants you could write into the bylaws. Or conversely, change the bylaws and forbid any renting out of the premises and have it owner occupied only. One or the other should do the trick.

Where I live it's owner occupied only and no renters allowed. Makes one think before they purchase.

amricca · Apr 2, 2009, 12:16 PM

We are in the process of rewriting the by-laws but the manager has told me they cannot add a rule about multiple rule violations for renters because evictions are controlled by the state. Sound right to you? Most of the units where I live are rentals, so I doubt we would get the votes to change to owners only, sure would be nice though. Thanks for the input.

Fr_Chuck · Apr 2, 2009, 01:31 PM

Are they paying the fines ? Can you also fine the owner of the property for the violations

ScottGem · Apr 2, 2009, 01:44 PM

What I would suggest is that the by-laws be amended so that the board has to approve the renewal of any leases where the tenants have incurred fines. Also provide that the unit owner can be fined if they violate that rule.

Only the property owner can evict. So you can't take direct action against the tenants unless they are required to sign a covenant adhering to association rules. But you can take action against the owners for allowing unruly tenants.

amricca · Apr 2, 2009, 01:47 PM

Yes, they pay the fines, which go directly to the Owner first so he is aware of the problem (he lives about 1500 miles away and apparently doesn't care). I just wish there was something I could do outside the HOA, I'm think of writing the Owner and speaking to an Attorney. Or maybe I should have my Attorney write him.

ScottGem · Apr 2, 2009, 02:19 PM

First you can't really do anything. Only the HOA can take action.

Of course the owner doesn't care, he keeps getting extra income. So another change would be to make all fines payable to the HOA not the owner.

But I really think the changes I suggested will be legal and will help you get rid of the tenant (or get them under control) by the next lease renewal.

amricca · Apr 2, 2009, 02:34 PM

Thanks Scott, won't let me give you a greenie, I'll get you later. All good stuff to take to the board meeting next week.

twinkiedooter · Apr 3, 2009, 11:36 AM

The HOA should have an attorney to help get around such undesirable tenants that are living there. This would be up to the HOA's attorney how to properly word any such amendments necessary so as to adhere to the state law regarding evictions.

Hope your HOA's attorney can figure out some good wording!!