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Old 08-10-2018, 03:35 PM
 
2,718 posts, read 5,358,943 times
Reputation: 6257

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Quote:
Originally Posted by ReppingDFW View Post
Yes, you are correct. I was blinded by the location and the price. Luckily I have enough equity to sell and get a nice 20% down payment for a SFH once I get the last bit of renovations done.
Just curious: Will you let prospective buyers know the kind of hell they will be moving into if they purchase your condo or will you keep your fingers crossed that the neighbor is quiet for the day and just take the money and run? Not judging you here but think about the torture you've been through with these people. Do you think it is okay to sell it to an unwitting buyer and knowingly transferring that situation to them? I understand your dilemma but feel bad for any prospective buyer if it's quiet when they view the place. Then again you have to do what you have to in order to get away from that untenable situation.

What I would do is go to a lawyer with a copy of the relevant house rules or bylaws of the condo that talk about how people living in the development are to comport themselves along with the examples, videos, photos of vandalized things like the garden and posts and what have you. If you can, get other owners to back you and add their own issues to the mix and have the lawyer write to the management company and the HOA threatening legal action (and perhaps publicity) if they do not enforce their own rules. I'd have a copy of the letter sent to the landlord of the unit with the problem tenants as well.

Good luck, OP. You are in a hell of a situation there.
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Old 08-10-2018, 03:41 PM
 
Location: Dallas-Fort Worth, Texas
933 posts, read 1,533,618 times
Reputation: 1179
Quote:
Originally Posted by RoamingTX View Post
Right. But if you take her the video and show her that you already have evidence, you can still always file a PD report (blue form) at the local substation. That forces them to at least serve her with a copy.

Never thought about that. If it happens again, that will be the route I go. Thanks!
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Old 08-10-2018, 03:44 PM
 
Location: Dallas-Fort Worth, Texas
933 posts, read 1,533,618 times
Reputation: 1179
Quote:
Originally Posted by FalconheadWest View Post
You need to check with the city about codes on how many people are allowed in a residence per room. This is 1 bedroom with 3 people. That might be a way to get them out.

Our HOA bylaws say number of bedrooms plus one. That being said, we have to make an exception for families with kids under 18 because of the Fair Housing Act. I was going to go this route but federal law protects them.
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Old 08-10-2018, 03:48 PM
 
6,844 posts, read 3,960,264 times
Reputation: 15859
Sounds like you already have a solution to your problem.
Quote:
Originally Posted by ReppingDFW View Post
Yes, you are correct. I was blinded by the location and the price. Luckily I have enough equity to sell and get a nice 20% down payment for a SFH once I get the last bit of renovations done.
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Old 08-10-2018, 03:50 PM
 
Location: Dallas-Fort Worth, Texas
933 posts, read 1,533,618 times
Reputation: 1179
Quote:
Originally Posted by petsandgardens View Post
Do you have laws your state puts on HOAs? Do you have an HOA complaint process in your state? If so, there may then also be an HOA ombudsman that sees that issues get worked out.

Yes, we have some HOA reform laws that passed a few years back. I think it mostly touched on open meetings and transparency. I'm not sure if we have a complaint process but that would be a good avenue to pursue.
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Old 08-10-2018, 03:58 PM
 
Location: Dallas-Fort Worth, Texas
933 posts, read 1,533,618 times
Reputation: 1179
Quote:
Originally Posted by cleasach View Post
Just curious: Will you let prospective buyers know the kind of hell they will be moving into if they purchase your condo or will you keep your fingers crossed that the neighbor is quiet for the day and just take the money and run? Not judging you here but think about the torture you've been through with these people. Do you think it is okay to sell it to an unwitting buyer and knowingly transferring that situation to them? I understand your dilemma but feel bad for any prospective buyer if it's quiet when they view the place. Then again you have to do what you have to in order to get away from that untenable situation.

What I would do is go to a lawyer with a copy of the relevant house rules or bylaws of the condo that talk about how people living in the development are to comport themselves along with the examples, videos, photos of vandalized things like the garden and posts and what have you. If you can, get other owners to back you and add their own issues to the mix and have the lawyer write to the management company and the HOA threatening legal action (and perhaps publicity) if they do not enforce their own rules. I'd have a copy of the letter sent to the landlord of the unit with the problem tenants as well.

Good luck, OP. You are in a hell of a situation there.

Honestly, I would hope for an investment buyer who didn't care and could pay cash. Easy. No challenge to my conscience. If not, I'll more than likely take the money and run. I would feel bad for them, of course, but maybe they wouldn't mind it, travel alot, etc, who knows?


and yeah, at this point it seems like an attorney might be the solution, even though it is not my one of choice.
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Old 08-10-2018, 03:59 PM
 
Location: Dallas-Fort Worth, Texas
933 posts, read 1,533,618 times
Reputation: 1179
Quote:
Originally Posted by bobspez View Post
Sounds like you already have a solution to your problem.

Yeah, sadly. I don't want to run away, I like the condo life. No lawn care, no exterior maintenance, easy breezy. I wasn't planning on swapping for a SFH until I paid the condo off but this might force my hand.
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Old 08-10-2018, 04:05 PM
 
34,279 posts, read 19,371,187 times
Reputation: 17261
Maybe look at the section 8 rules. How old are the kids? Because some section 8 housing areas have specific rules about children sharing a room, rules that are based on age. As such your issue could go away as one of the kids gets too old. Depends on the area though.
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Old 08-10-2018, 04:07 PM
 
Location: Durham, NC
2,619 posts, read 3,149,268 times
Reputation: 3615
Withhold your HOA dues. Notify them you are putting your dues in an escrow account until they take care of these issues. See if you can get neighbors to do the same. That may get their attention.
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Old 08-10-2018, 04:20 PM
 
Location: Pacific Northwest
438 posts, read 376,716 times
Reputation: 2106
Quote:
Originally Posted by ReppingDFW View Post
Yeah, sadly. I don't want to run away, I like the condo life. No lawn care, no exterior maintenance, easy breezy. I wasn't planning on swapping for a SFH until I paid the condo off but this might force my hand.
I really hope for your sake it doesn't have to come to that and you can solve the problem.

Maybe send a certified letter with a copy of the by-laws your neighbors are breaking and examples of them breaking the rules to their landlord. It's in their best interest to fix this problem because by all you've told us they're breaking a critical rule (leasing to section 8) and if you find yourself being able to influence the HOA (either by going into leadership or forcing them to follow their end of the by-laws and enforcement) it could put their bottom line in jeopardy.

It's hard work, but think about the work into selling. Plus I know that sometimes if a person sells their house because of an neighbor issue the buyer can turn around and if they can prove you didn't disclose it was because of neighbor issues that continue they can sue (at least in WA state).

I'm an apartment/condo type person so I would be very upset if I paid into a community with set expectations (like no section 8, I would never buy a condo that allows that) and people actively ignored them I would raise so much hell! There are plenty of crap places to rent that allow that kind of low class behavior, go there and be happy with people like you rather then bring such distaste on yourself.
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