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Old 11-11-2016, 03:00 PM
 
9 posts, read 7,944 times
Reputation: 10

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Hi and welcome to a new thread about the squatter problem in senior HOA communities.

I hope to hear from folks who have dealt with squatter problems in their communities.

Seeking supportive comments, suggestions for survival, tips on what can be done and who to contact.

On this thread I would like to stay on topic

My question is, if police have been called, child protective services have been called, the HOA board has been notified and the owner who was in foreclosure but has been found and contacted has done nothing, everyone says their hands are tied, what would you do to legally protect yourself, feel safe and take action? Has this happened in your community?
The young druggie occupants include several children, a number of adults who simultaneously smoke, talk, and laugh all night long nearly every night in the backyard or canvas the neighborhood with flashlights, don't work but collect welfare and food stamps, and occupants also include two large, vicious dogs fenced in with every door from the inside of the house placed in the backyard as the dog's fence.
When the owner moved out he handed his keys to homeless strangers to spite the HOA for enforcing rules with him. These squatters were able to keep utilities running because the city doesn't care who turns them on, as long as the bills are paid.

Patty

 
Old 11-11-2016, 03:06 PM
 
Location: Eastern Tennessee
2,533 posts, read 1,824,335 times
Reputation: 6630
Quote:
Originally Posted by 4patty View Post
Hi and welcome to a new thread about the squatter problem in senior HOA communities.

I hope to hear from folks who have dealt with squatter problems in their communities.

Seeking supportive comments, suggestions for survival, tips on what can be done and who to contact.

On this thread I would like to stay on topic

My question is, if police have been called, child protective services have been called, the HOA board has been notified and the owner who was in foreclosure but has been found and contacted has done nothing, everyone says their hands are tied, what would you do to legally protect yourself, feel safe and take action? Has this happened in your community?
The young druggie occupants include several children, a number of adults who simultaneously smoke, talk, and laugh all night long nearly every night in the backyard or canvas the neighborhood with flashlights, don't work but collect welfare and food stamps, and occupants also include two large, vicious dogs fenced in with every door from the inside of the house placed in the backyard as the dog's fence.
When the owner moved out he handed his keys to homeless strangers to spite the HOA for enforcing rules with him. These squatters were able to keep utilities running because the city doesn't care who turns them on, as long as the bills are paid.

Patty
talk to an attorney (unless you have a cousin Vinny) -- actually Vinny would be a better option and save you money in the long run
 
Old 11-11-2016, 03:18 PM
 
10,812 posts, read 8,058,272 times
Reputation: 17010
You might want to post this in the Real Estate forum. I've seen similar discussions there in the past. I don't know why a senior HOA would have a different legal or procedural recourse than a regular HOA in this particular issue.
 
Old 11-11-2016, 03:19 PM
 
4,013 posts, read 2,605,489 times
Reputation: 8661
I agree you need an attorney.
 
Old 11-11-2016, 05:56 PM
 
Location: Near a river
16,042 posts, read 18,969,510 times
Reputation: 15649
Your HOA must have a covenant, or rules of some kind, and so get a copy of that and corral several of your neighbors who feel the same and start there leaning heavily on the condo manager. You and your neighbors could hire an attorney for more clout. If you suspect child abuse or danger of any kind, keep calling protective services. Maybe keep a log of what happens over there to present to police whenever you call them in.
 
Old 11-11-2016, 05:58 PM
 
Location: Near a river
16,042 posts, read 18,969,510 times
Reputation: 15649
I just reread this:

"When the owner moved out he handed his keys to homeless strangers to spite the HOA for enforcing rules with him."

So you do have HOA rules and these rules were enforced. Why are they not being enforced now?
 
Old 11-11-2016, 06:17 PM
 
9 posts, read 7,944 times
Reputation: 10
Default Hoa

The HOA can fine them, but they will just ignore it. Ultimately they can put a lien on the home, but that won't be of any concern to either the owner or the squatters since neither will experience a loss.
 
Old 11-11-2016, 06:17 PM
 
2,111 posts, read 2,088,855 times
Reputation: 3563
Who is paying the HOA fees? If the owner handed the keys to homeless strangers is the owner still paying the fees? Who is paying the mortgage? What state are you in? You need to do a little investigation and get the HOA board on your side.

1. Get a copy of your Covenants and Declarations. If they are violating the rules, have the HOA fine send a notice of violation and fine them if they don't conform. You can generally violate and fine them for EACH violation. Dirty roof- fine, dirty driveway- fine, landscape not up par- fine, junk in the driveway/yard- fine. Drive the owner nuts with fines.
2. If the HOA fees are not being paid, follow the procedure for delinquent accounts. 15 days grace period, late notice with 15 days, 2nd notice 15 days, refer to attorney for lien, attorney then begins foreclosure. If there is a mortgage, the bank will get interested at this point. Get Title certificate, kick out current occupants, HOA rents to new tenants.

What I described is the procedure in FL. Your state my be different. I am the President of an HOA in Fl so I am familiar with the fining and foreclosure. Just be sure if you fine them, to make sure you aren't singling them out. If other people are violating the same rule, you have to send a violation notice to them as well, or the HOA will be guilty of selective enforcement.
 
Old 11-11-2016, 06:42 PM
 
Location: Albuquerque NM
1,656 posts, read 1,522,222 times
Reputation: 3627
Quote:
Originally Posted by biscuitmom View Post
You might want to post this in the Real Estate forum. I've seen similar discussions there in the past. I don't know why a senior HOA would have a different legal or procedural recourse than a regular HOA in this particular issue.
And state that this is happening in Oregon. Silverfall, a realtor, and Oregonwoodsmoke, an experienced landlord, both reside in Oregon and post a lot on the Real Estate forum.
 
Old 11-11-2016, 07:13 PM
 
9 posts, read 7,944 times
Reputation: 10
Nobody is paying fees. The homeowner moved out because his house was being foreclosed and gave the keys to these homeless people to pay the HOA back. No one is paying the mortgage either. The house is still in foreclosure, but you know how long that could take! We've been told the bank won't get involved until the foreclosure is completed.
Your selective enforcement interests me though, because neighbors are steaming that we have to abide by the rules but squatters don't!
We live in Oregon in a rural community.
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