Category Archives: Crime

Condo Crime Unaddressed by the Condo Board

J.S. from California writes:

Dear Mister Condo,

We live in a condo complex in Newport Beach, California. We had number of incidents violated on our personal property, with 5 Police Reports so far. This included slashed tires, a window shot out in our office, my electric scooter stolen, my wife’s car broken into and everything taken, and most recently, all the air let out of our tires, even while parked in our private covered carport.

The Board and Management Company refuses to get involved, saying they don’t get involved in neighbor to neighbor disagreements. However, these are not simple disagreements, but vandalism.

Mister Condo replies:

J.S., I am sorry for all of the crime that is occurring in your condo complex. I should point out that the police are the people you call for crime, not the Board or Management Company. When laws are broken, it is the responsibility of law enforcement (the police) to handle the matter. You should also notify the Board and Management Company as they may wish to alert other residents of the dangerous activity occurring on association grounds.

Other condo complexes that have experienced high crime have done things like “Neighborhood Watch” or similar programs. I am curious as to why the Board and Management Company claim that these crimes are “neighbor to neighbor disagreements”. Is there proof that fellow unit owners are committing these crimes? Neither the Board nor the Management Company are law enforcement bodies, they simply govern the property as outlined in the governance documents. Depending on your local laws, they may have a duty to inform residents that crime is occurring on the property. Hopefully, the local law enforcement personnel can help you stop the criminal activity. Good luck!

Sliding Glass Doors Make Condos Easy Break-in Targets

D.K. from outside of Connecticut writes:

Dear Mister Condo,

We have mostly glass patio doors at my condo and a lot of break-ins because of this. Can the association prevent me from replacing this with a more solid, much safer door?

Mister Condo replies:

D.K., I am sorry that your condo suffers from a high crime rate. While I share your concern for safety and home protection, the style and design of an exterior door is part of the unit’s architectural compliance standards and is subject to the standards approved by the Board of Directors for your association. That being said, your Board should also be aware of the high level of break-ins and share your concern for the safety of residents. Explain your concerns to the Board and ask them for a solution to solve the problem. They may approve a new design standard for the glass doors but that is not common. Ideally, the underlying issue of too many break-ins would be addressed with a security solution such as video cameras or security patrols. All the best!

Who Pays to Repair Condo Vandalism?

M.N. from outside of Connecticut writes:

Dear Mister Condo,

I serve on the board and had my property vandalized who’s responsible, me or the Condo?

Mister Condo replies:

M.N., I am sorry you had your property vandalized. Regardless of your position on the Board, if a crime has been committed against your own personal property, it would typically be your responsibility to repair it and, hopefully, your insurance would cover the damage. If association property were damaged, then it is the association’s responsibility to repair the damage. Whatever the damage, I hope you contacted the police. Vandalism is a crime. The Board isn’t the Police Department. The Board governs and enforces the covenants of the association; the local police handle criminal matters. Good luck!

Condo Owner Harassed by Board President and Other Unit Owners

D.T. from Litchfield County writes:

Dear Mister Condo,

How to bring about a board meeting to discuss being harassed by the president of the condo board and other owners?

Mister Condo replies:

D.T., I am sorry that you feel you are being harassed by unit owners or Board members at your association. Typically, you would simply hire your own attorney and bring a lawsuit or criminal charges against the Board members or unit owners that are harassing you. You don’t have the ability to call a Board meeting but you could attend an upcoming Board meeting and ask that the issue be addressed by the Board. The Board does not have the ability to intervene on legal matters. In other words, if your attorney thinks you have a case for harassment, the matter is settled through legal channels, not community association governance. I hope you have a positive outcome. Good luck!

Violent Condo Resident Danger to Himself and Others

A.O. from outside of Connecticut writes:

Dear Mister Condo,

I reside in a 4-unit condominium, all owner occupied, in Massachusetts. We are a self-managed property and three years ago a new resident purchased one of the units; this owner’s Master Deed is both in their name and his mother’s; his mother does not live on the premises.

Since this individual has moved into the Association there have been significant violations of bylaws as well as safety concerns that have involved the police: spray painting the exterior of his door with red spray paint, stating obscenities; screaming for hours on end at night while also causing physical destruction within his own unit; threatening to murder people; leaving pools of his own blood in common area; taking a baseball bat to the fire alarm; and a series of other disconcerting behaviors.

We, and our neighbors, routinely call the police and they have taken him into custody on some occasions and not others. In some cases, unfortunately, association members have not called the police out of fear of escalating the situation (fears include that this individual could hurt himself, others or cause damage to our property). We have attempted to engage the parent, who is also on the deed, who only assures us that this individual is harmless.

While we are not certain that this individual is mentally ill, we assume that the presenting behaviors are indicative of such, so we are at a loss as to how to protect ourselves and our property while also being mindful of the law.

What can we legally do?

Mister Condo replies:

A.O., there isn’t too much that you can do other than what you have already done. There are no laws that prohibit mentally ill people from owning real estate. The police have been called (as they should be) and have taken appropriate action as they deem fit. That takes care of the criminal activity. As for the violations of rules and by-laws, the Board should be taking whatever action is appropriate to protect the association. However, if you have a violent or mentally unstable resident in your building, there is little that can be done by the Board. Ideally, this person would leave your condo and get the help they need. Until then, I am afraid the only other option you have is likely to put up with the behavior or sell your unit. I know which one I would do. Good luck!

Naked Man on the Loose in Condo Hallways!

J.R. from outside of Connecticut writes:

Dear Mister Condo,

There is a man nude using our common area bathroom. Our video tape shows him walking down our hallway nude. We know he lives here as a roommate to one of our owners. What can we do to stop this behavior? Is that indecent exposure?

Mister Condo replies:

J.R., it sure sounds like indecent exposure! Nudity is not usually addressed in condo documents and you really wouldn’t expect it to be. However, there are usually constraints that do identify unacceptable behaviors in the common areas and there are usually clauses about nuisance and prohibited illegal activities. The Board can also pass a rule about nudity being explicitly forbidden in the common areas that they could then enforce with fines and such. My first call would be to the local police to see if a crime had occurred. Keep in mind that condominiums are private property so they may say it is up to you to govern or they may simply speak with the offender and tell them to knock it off. If the behavior persists and there is video evidence that is easy to prove, summon the unit owner to a BOD meeting, explain the problem, and then fine for each future occurrence. Hopefully, the simple act of letting them know it is caught on videotape is enough to make it stop. If not, take action. Good luck!

Mentally Challenged Condo Owner Challenging Entire Community

A.P. from outside of Connecticut writes:

Dear Mister Condo,

About 1.5 years ago, a husband and wife moved into our 16-unit condominium. It was clear from the outset that there was something off with the husband. He looked disheveled, didn’t acknowledge people and walked around in a daze. Roughly 1 year ago, the wife moved out and left him alone in the unit. After he was taken away by ambulance several times, he began receiving daily visits from a visiting nurse. One time the nurse called police and he was taken away again and stayed away for over a month. At that time, a neighbor overheard the nurse outside telling police that she was concerned for her safety and did not want to go back inside. No one has seen her since. Now he has been yelling in the hall, slamming his door over and over and pounding on the door of another resident. As a trustee, I have reached out to the wife, who is still an owner and pays the condo fee. My question is, what recourse do we have other than repeatedly calling the police when he acts out? Can we somehow force them to sell their unit?

Mister Condo replies:

A.P., I am sorry for the commotion and disturbance of peace that your association is experiencing as a result of having this unit owner as a resident. There is very little that can be done on behalf of the association. The Board can enforce complaints when rules are violated. Your documents outline typical offenses (loud noises at off hours, and so on). Action can be taken that include warnings and fines. Other than that, disturbances that rise to the involvement of a crime are being handled correctly by calling the police. The Board is not the law and when laws are broken, the police are the right call. Unless your documents provide for a type of eviction (doubtful) there isn’t too much you can do about a resident dealing with mental health issues. If the common fees are not paid on time, you may have collection efforts that could lead to foreclosure and eviction but that isn’t the case here. The fees are paid on time. If you have an association attorney, this would be a great example of asking what else can be done in your state. From what you have told me here, I see no further action that the association can take at this time. All the best!

Condo Employees Harass Condo Resident

D.G. from outside of Connecticut writes:

Dear Mister Condo,

I’ve been harassed, insulted for no reason at all, and put in a false light by the employees of my condominium. It all started when I reported to management an incident with an abusive contractor that works for the building. He had my apartment keys because he was renovating my property while I was overseas. When he was done with the job he used my apartment as his personal warehouse and because of this I had to have the walls painted again, at my expense. Shortly after that, employees started giving me the cold shoulder and my life in this condo has gone down since.

One day, one security guard came to my home and shouted some insulting words to me just because I had my entrance door open to let some nice ocean breeze flow in the apartment. “You have to close your door because DIRT is coming out of your apartment”, he shouted, and left. BTW, you can come to my home and eat from the floor, he just wanted to insult me.

I complained to management and mentioned to them how security personnel in this building has a keen eye for minor things such as “an open front door”, but a blind eye for major things such as: 1. A shooting (right next to the lobby where the stores and restaurants are). 2. Personal property stolen from the pool area by outsiders. 3. Two cars stolen from the parking area. 4. A maintenance employee using and abusing building’s property for years (he provided floor polishing services (for cash) to the contractor I mentioned before).

I’m not sure if the security guard was fired (this building is huge) but the harassment got worse. Some employees are putting residents against me saying that I’m a tattle-tale. I even lost a website design contract because of lies and bad word of mouth. What can I do to protect my right to the quiet enjoyment of my property without being annoyed or harassed? Thanks.

Mister Condo replies:

D.G., you certainly have your hands full in this community association. I am pretty sure I would have sold and moved by now just to be rid of the crime issue. However, you have elected to stay and have your rights respected. In my opinion, criminal matters should be reported to the police as they occur. Harassment is a crime and your local police are the first call when you are physically or verbally abused. If you are violating a rule (even if you don’t agree with the rule, you are bound by it) like having an open door, I would advise you to follow the rules so you don’t open yourself up to additional abuse or fines from the association.

The underlying problem here seems to be the management company’s behavior and the rampant abuses you have observed from contractors hired by the management company. Are you the only one who has noticed this? It would seem to me that multiple unit owners and residents have experienced similar? If so, the Board should be taking action to correct the situation. You mentioned that your apartment had been used as a warehouse while you were away. Clearly, that should have been reported to the Board and halted at once. It is now water under the bridge and would likely happen again if you are gone for any length of time. Document what you can and report it to the Board along with a letter demanding that never happen again.

If the Board takes no action to correct these actions, you have two basic choices. You can sue for any abuse of your rights as a unit owner or renter. Talk with a local attorney to get an opinion as to what rights have been violated and what remedies are available to you. This could be expensive but may get you the relief you seek. Your second option is to get more involved with your Board, including getting yourself or a like-minded individual elected to the Board. Management company contracts are difficult to break. However, they don’t have to be renewed. If the management company is underperforming, it is time for a new management company. The Board hires the management company. The only way to affect that decision is to work with the Board to make sure they understand that unit owners demand better. Of course, if you are in the minority and everyone else seems happy with the management company, that strategy won’t work. Either way, you will need to take action to correct these issues. Good luck!

Condo Bullying and Harassment

R.C. from Florida writes:

Dear Mister Condo,

What can unit owners in Florida do when bullied, followed, harassed, watched, threatened, etc. by condo association members and property manager? Especially when a lot of us are elderly and/or disabled physically in some way? Can you at least point me in the right direction?

Mister Condo replies:

R.C., I am sorry you and your neighbors find yourselves bullied, harassed, threatened or otherwise bothered by anyone, let alone the folks who govern and manage your association. True bullying, harassment, and threats are criminal offenses which should be reported to the proper authorities, including your local police department. Short of that, you might want to speak to an attorney who specializes in elder law to see what types of protections you are offered. The Property Manager works for and reports to the Board of the condo. You and your fellow unit owners have elected the Board to serve. If they aren’t doing the job properly, it’s time for a new Board. The condominium’s governance documents spell out the rules, regulations, and enforcement procedures for the condo. I guarantee you that bullying and harassment are not a part of those documents. In my experience, the best remedy for a condo bully is to stand up to him. That may mean removing him or her from his position of authority. It may even mean calling the police or bringing suit against him or her in a court of law. Bullies like victims, not folks who fight back. In Florida, you might want to check out the Department of Elder Affairs website to see if there are local resources to help you as well. You can find the information online at http://elderaffairs.state.fl.us/doea/report_abuse.php. Good luck!

Is Condo Landlord Liable for Illegal Actions by Tenant?

M.J. from outside of Connecticut writes:

Dear Mister Condo,

Is the condominium unit owner responsible for their renter’s theft of property of another unit owner’s unit?

Mister Condo replies:

M.J., thanks for writing and I am sorry that your tenants have put you in this position. The short answer is “it depends”. What it depends upon is local and state law that govern such issues. As a landlord, it is generally held that you are not responsible for anything that your tenant does. However, if you don’t have a proper lease in place or if you have housed a known felon you may have some liability for their actions. You should really speak with an attorney to determine your liability based on local laws. Also, if you are named in a lawsuit by the neighboring unit owner who was the theft victim, you may have no choice but to defend yourself. My guess is that as long as you have a valid lease to show that you were not the unit occupant but merely the landlord, it is unlikely that you will be found responsible for the actions of your tenant. However, I would advise against renewing the lease of a tenant that is found guilty of such a crime. All the best!