Quality of Life in Avondale>Question Details

Rl, Other/Just Looking in Phoenix, AZ

We own a home in an HOA community next to some renters. They are destructive, noisy, tear things up all

Asked by Rl, Phoenix, AZ Thu Jun 12, 2008

around their house and target us since we try to take care of our things.They go out of control, I send a letter to the HOA. They calm down. Their landlord already tried unsuccessfully to evict them once and is aware of all the problems. I know at some point I'm probably going to have to call the cops on them.
What does it sound like to you?

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Answers

12
The police would be a resource, since the HOA is not helping. You are entitled to your "quiet enjoyment" of your property, and just because they are tenants this does not change. The police may shake up the landlord enough to force him to make some changes.

Good luck.
1 vote Thank Flag Link Thu Jun 12, 2008
It might also help to document the problems. Keep a log of events -- not only disturbances but your correspondence with the owner, tenant, HOA, etc. Also take photos of the common areas so you can demonstrate extent of damage. Will certainly help your case if you have exact dates and times of events, photos, etc.
0 votes Thank Flag Link Fri Aug 8, 2008
Rl,

It sounds like you have all ready put up with too much. You may need to contact the authorities. If there are other neighbors that are being effected in the same manner as you, we suggest approaching this problem as a group. Groups generally get a higher level of attention. Take a stand......

Good luck,
0 votes Thank Flag Link Fri Aug 8, 2008
RI,

Don't give up... I have felt your pain, having had same issues. The H.O.A. should have an official complaint form for you to fill out. The CC&Rs will clarify H.O.A. limitations, ie: fines to home owner etc. to entice the home owner to rectify nuances. Calling the police might be more affective immediately. I pursued the H.O.A, the home owner, and threatened to sue home owner, noise nuances are against city ordinances, I had finally reached the home owners complaint threshold. RI, good luck to you, my situation got better.
0 votes Thank Flag Link Fri Aug 8, 2008
RI
I know what you are talking about, and how frustated it can get?
There rules that after hours (varies by city) noise should be out (parties, barking dogs etc). Call the police they are pretty good inforcing the rules. and also like everybody mention it leaves paper trail
Property Management are pretty good when they need to evict a renter.
Hope your situation change soon.
Web Reference: http://OwnYourHomeAZ.com
0 votes Thank Flag Link Thu Jun 19, 2008
I believe you have followed a reasonable path in dealing with your unrully neighbors.

While you might get some result from calling the police the landlord is ultimately respnsible for resolving the problem.

I am curous why the eviction was unuccessful.

There are attorneys who special in evictions.

You might suggest to your landlord that it may be time to hiire one.

Check with your local real estate professional as they may know a couple of good attorneys.

All the best,
0 votes Thank Flag Link Thu Jun 12, 2008
I just had a similar battle yesterday, in fact. You can skip the HOA and go to your city's website and look for possible city code violations (noise may be one of those), and any other potential city code violation. There are phone numbers provided to contact city code investigators. I called an got someone on the phone immediately- not only did she help me with what I needed but also called back to inform me of additional violations they discovered. You can remain annonymous if you'd like.
Hope this helps you.
0 votes Thank Flag Link Thu Jun 12, 2008
Thank you so much! It's rare these days to get such good answers to a question. In my last conversation with the lady at the HOA I almost got the impression she wants me to involve the police next time things go wild; I think maybe it helps the case they're trying to build somehow.

I worry about a possible "ghetto justice" mentality with the renters, that even though they cause the problems they can do anything in the name of exacting revenge.

thank you all again.
0 votes Thank Flag Link Thu Jun 12, 2008
RI,

I can share my experience since I own a rental myself and have dealt with some difficult tenants. Check your CC&R's closely, if they are in violation turn them into your HOA board. The owner will have to deal with his tenant. I make all my renters sign an additional agreement that they will obey the CC&R's. If that does not fix the problem and its not an HOA issue, but its a noise issues or other things, call the police. Some towns also have rules with investment properties where if the tenant is not taking care of issues, the city can fine the landlord. I know in Tempe where I live the city has some strict laws about investment properties. Beyond that there is not much you can do. Good Luck,
Web Reference: http://www.garymiljour.com
0 votes Thank Flag Link Thu Jun 12, 2008
The best way to handle it would be to call the police the next time they are violating the CCRs (ie being loud). That way there will be a paper trail and you can submit the report to the HOA. Sometimes, if renters don't take you (or your HOA) serious, the only way to get their attention is calling the authorities.
Web Reference: http://mlsdwellings.com
0 votes Thank Flag Link Thu Jun 12, 2008
I think you need to do whatever you need to do to take control back.
Web Reference: http://getprequalified.com
0 votes Thank Flag Link Thu Jun 12, 2008
A real dilemma. I don't know that there are any, but you should meet with an attorney to discuss all your legal options. It may be that keeping the HOA engaged in policing the owner and tenants is your only option.
0 votes Thank Flag Link Thu Jun 12, 2008
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