Tag Archives: Neighbor Issues

HOA Sues Owner for Trying to Rescue a Stray Cat

J.H. from Michigan writes:

Dear Mister Condo,

My neighbor accused me of feeding a feral cat. HOA is taking me to court. I was not feeding a feral cat! This female cat was tame, but pregnant. I was feeding the cat in order to catch her. If I had not, there would now be 3 females pregnant by the 2 tomcats roaming the condo complex. I did these people a favor! I bought the food, sat outside with the woman from a rescue organization and caught the mother and two kittens. Can a HOA have ordinances to override the County, City and State laws?

Mister Condo replies:

J.H., I salute your efforts to help but I hope you can understand how dangerous feeding any wild animals can be and the potential risk it puts on the HOA. Your neighbor had no way of knowing what you were up to and reported the behavior to the Board, who took the appropriate action for your rules and by-laws. I cannot imagine that any of their rules override local laws and the answer to that question is “no”, they cannot have rules that conflict with local ordinances. I have to believe that the correct solution to this problem would have been for you to report the stray but tame cat to the association and let them take whatever steps they deem appropriate to remedy the situation. After all, this wasn’t your cat. The person from the rescue organization would have been their likely contact and the same end result could have been achieved without your personal involvement in rescuing the animal. I am sure you meant well and I am guessing you are an animal lover, which I certainly admire. However, in most HOAs, feeding stray or ferial animals, regardless of your intention or their tameness, is prohibited due to the risk of pestilence and/or animal attacks on residents. All the best!

Neighborly Pet Behavior Missing at this Condo!

A.S. from New London County writes:

Dear Mister Condo,

I have a neighbor who has gotten out of control with her little dog relieving its self on her deck. It stinks! I contacted the property manager and health department. They both told me to take photos, proof, so I did. There is a hearing for the owner of this unit. I was told by the police that I cannot take photos, the police told me the property manager needs to take the photos. Our decks are 12′ off the ground, no stairs to them, so what am I supposed to do? Call the property manager and wait for him to come out? By that time, it’s too late!

Mister Condo replies:

A.S., you have a series of unfortunate events to deal with here if you are going to curb your neighbor’s behavior. The violation of your condo rules is the purview of the Board and the Property Manager. The police are only involved if laws are being broken. If your neighbor allowing her pet to relieve itself on the deck is a rule violation (most likely, it is), then you document the violation as requested by the Property Manager and let the Board take action against the neighbor. If the police are involved (likely through a domestic complaint) you need to follow their rules so they can enforce the laws. You may wish to hire an attorney to get a better answer as to what you can and cannot do for law enforcement. Honestly, if the Board takes action against the neighbor (violation letters, fines) that is probably all it will take to get the neighbor to be a more responsible pet owner. If that doesn’t work and you do need to involve the police, you will have to follow their instructions, as difficult and improbable as they sound. Good luck!

HOA Board Ain’t Fixin’ Nuttin!

R.M. from outside of Connecticut writes:

Dear Mister Condo,

4 months ago, I purchased a duplex which has 3 buildings and 6 owners. I had a hard time getting documents during the sale and did not understand the dynamics involved. The first email I got from the treasurer was on the day the fees were due. Our first meeting when I met the other owners was a nightmare. The president has been in position for 20 years and has Alzheimer’s so her daughter had appointed herself to the position. The treasurer was appointed by her, not vote, and the secretary had been behind 6 months in fees which they were trying to cover up. When I brought up concerns about the outside of our building, I was yelled at by the President’s son-in-law and told “we ain’t fixing nuttin, we got no money!” Then my neighbor brought up a repair not done properly and he stood up screaming and swearing at her and everyone started fighting. I asked for the bylaws and I was told by the president to find them myself. She doesn’t have them.

A few weeks ago, the fascia that needed repair was hanging off of my roof. I called the president and son in law started screaming and threatening me and said we have no money to fix it. I mentioned the Reserves that we should have had when I moved in, and both him and the treasurer admitted it was fudged to make the sale happen and accused my realtor of fraud. I had her call them and the next day the son-in-law apologized and paid out of pocket to have the fascia repaired.

They had previously called a special meeting to discuss the budget so I told them I did not want the son-in-law there as he has no business there; they agreed. The meeting started off ok until we brought up questions about missing payments from a couple of owners. We started getting bullied again. When the argument was brought up about the fascia I defended myself telling what the son-in-law said to me. He came running down the stairs screaming and swearing and threatening me again and threw me out of his mother-in-law’s house. I called the police.

I want to have the President, Treasurer, and Secretary removed by law for keeping false books, hostile environment, favoritism, harassment and negligence. If I have solid proof (which I do), will I be able to charge the association for the attorney since it’s in the best interest of the owners? It’s the board who caused all of these problems.

Mister Condo replies:

R.M., your tale of woe reads like a comedy of errors. I am glad you got your fascia replaced but the rest of this tale is a nightmare! This is a small homeowner’s association (6 units if I understood your opening statement). Small associations face the same challenges as larger associations but have far fewer resources to handle the issues. A functioning Board is a good start but there are legal remedies available to you. I want to ask you about your own purchase into this association. Did you use an attorney? Did the attorney review the governance documents? They can’t go missing as they are part of the closing process. Of course, if you somehow waived your right to these critical documents in an eagerness to make the purchase, you are experiencing a major case of “Buyer Beware!” It sounds to me like there is awful lot of impropriety going on here. You need to speak with an attorney, which I am not. I offer friendly advice; an attorney will offer you legal advice. You may end up suing the association, individual officers, anyone else associated with these misdeeds in an attempt to get the association back on sound footing. By the way, 6 owners don’t guarantee deep enough pockets to do that. In fact, you may be throwing good money after bad in an attempt to correct this problem. Your attorney can better advise you if you can include your own legal fees in any litigation but winning the litigation is just the beginning. You need to collect from these folks, who clearly don’t have the money from what you have told me. If it were me, I think I would try to sell and cut my losses. Otherwise, be ready to deal with an ongoing problem for months and even years to come. Keep the police on speed dial because these folks clearly have no idea what they are supposed to be doing and will likely continue doing what they have always done. Good luck!

Shared Water Main Creates Condo Chaos

K.B. from outside of Connecticut writes:

Dear Mister Condo,

I live in a 4-unit condo where two units share a main water line. HOA newsletter in Nov. 2015 there was an article stating to make sure you notify your neighbor when you turn off the water line to both units. Recently my neighbor has been working on their condo and turned off the water while they were working. I was never notified that the water was going to be turned off. I saw their contractors leave and my neighbors return home around 4:30 p.m.. Water still was not turned back on, at about 6:00 p.m. I knocked on the door, no response. I thought they forgot to turn on the water. I turned on the water to take a shower. I went straight up the stairs heard water running and ran back down the stairs to turn the water back off. Not till 6:30pm did my neighbor return home. Their contractors did not cap her pipes in the bathrooms and she expects me to pay for the damage. Who would be responsible for the repairs?

Mister Condo replies:

K.B., it is too bad that there weren’t better communications between you and your neighbors. They needed to communicate with you when they turned the water off. You needed to communicate with them when you turned the water on. Neither of you did. Typically, I would say neither of you are responsible and let each of your insurance companies battle it out for how to handle the expense of the repair. The newsletter article is a nice way of reminding unit owners about the issue but it isn’t a legally binding notice. If your neighbor has insurance, I would think their homeowner’s policy would cover the damage. If not, they might elect to sue you in small claims court or such. Unless the damage was extensive, I doubt they will do that. I would offer my apologies and also ask them to make sure they do a better job communicating when and if the water is ever shut off again. All the best!

Condo President Perplexed as Unit Owners Feed Wild Animals

R.M. from Hartford County writes:

Dear Mister Condo,

As president of our association I have been faced with an issue of residents that constantly toss bulk amounts of food outside in common property areas for the purpose of feeding wildlife. This is causing our community to become unsafe due to many varieties of animals from bears to skunks on the property as well as residents complaining about food on the common areas. We have sent letters and threaten fines but nothing has worked. Can we add a policy to our rules and regulations to stop such behavior in the future? Help!

Mister Condo replies:

R.M., rules are only as good as they are enforceable. You mentioned sending letter and “threatening” fines but you haven’t gone as far as to actually issue fines. Your rules, therefore, have no teeth and residents are scoffing at them. As the next order of business, ass the rules and appropriate fines for rules violations to your by-laws. Then, when a unit owner or resident is accused of violating a rule, issue a summons for them to appear before the Board at the next meeting. Ask them why they violated the rule. Then issue either a warning or a fine and repeat. You tried the “common sense” approach and that didn’t work. It’s time to escalate the words into actions. My guess is once it starts costing them money, the rules violators will stop. 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 Owner’s Cat Roams Freely on Common Grounds

L.K. from outside of Connecticut writes:

Dear Mister Condo,

I live in a condo association. I have a cat that goes outside. One day my cat killed a bird and one of the neighbors in the condo association came to me and was very upset about it, asking if I could rehome my pet, which I promptly told her I was not going to do that. She then demanded that I keep my cat indoors, which I told her I would try to do, but couldn’t guarantee she wouldn’t get out from time to time. She then threatened to write a complaint to the board if I couldn’t keep the cat indoors. Our bylaws state that we can have two pets, and that you must clean up after them and keep them if they are dogs leashed. Does this neighbor have a case against us?

Mister Condo replies:

L.K., without seeing your physical condo documents and reading what they say about pet ownership, it is impossible for me to offer you an opinion. Typically, pets are not allowed to free roam on condo grounds. There are usually leash rules in addition to clean-up rules and noise rules as well. If your association has no such rule about having the pet leashed, your neighbor may not have a case. However, allowing a pet to roam free over condo grounds can have other consequences for the association, most notably liability for damage or injury caused by the pet. For that reason alone, pets (dogs, cats, or other) are typically required to be leashed and under the unit owner’s control and supervision. My friendly advice to you is to not let your pet roam freely. It is safer for you, your neighbors, and your association, not to mention the occasional bird you kitty might decide to feast on. Good luck!

Noisy Condo Neighbor Ruining Renter’s Peace and Quiet

P.M. from outside of Connecticut writes:

Dear Mister Condo,

I am dealing with a neighbor at condo. I am a renter; she is not. She is loud and noise every night until at least 1:00 a.m. The owner I’m renting from is lazy. I can’t wait until May to leave next year. I tried talking to this neighbor and had to call police twice. The manager of the association says they will send a letter but the problem still persists. Recently, a picture fell of my wall and broke. She stomps on her floor on purpose and intentionally drop loud objects. I am so angry I can’t sleep. What can I do?

Mister Condo replies:

C.J., lazy or not, your landlord has a responsibility to provide you with a rental unit as outlined in your rental agreement. Most likely, that agreement included a copy of the rules and regulation for the condo association where you reside. Inside those rules, there are the steps for complaining about another unit owner or resident that isn’t following the rules. Typically, a report is made to either a Property Manager or directly to the Board. There are usually rules about acceptable noise levels, quiet hours, and peaceable enjoyment for unit owners. As a renter, you may or may not have the ability to directly lodge such a complaint, meaning it may need to come through your landlord. If your landlord refuses to support you in this effort, he may be breaking terms of your lease which may leave you the opportunity to end the lease early. However, if you decide to break your lease early you may be out of your deposit or create a legal battle between you and your landlord. My practical advice is for you to motivate your landlord or have him give you the power to work directly with the Property Manager or Board to bring about a resolution. Understand that it may take time and as the months go by towards the end of your lease, the simplest solution may be to not renew your lease. If you decide to break your lease, speak with an attorney to see what legal and financial consequences you may be incurring. It is an unfortunate circumstance to say the least. However, in tight living spaces as many condos offer, an unruly neighbor can make living there unpleasant. Good luck!

Mentally Ill Child of Condo Neighbor Creating Noise Nuisance

D.E. from outside of Connecticut writes:

Dear Mister Condo,

We have been living in our condo for three years and love it. Recently new owners moved in next door with their 9-year-old child. Come to find out she bangs her head against the wall and screams bloody murder at all times of the day. Unfortunately, she has mental illness – bipolar, OCD, etc. I have spoken with them nicely 3 times and when we have asked it does stop so it seems like it is in control and they are just lazy. They came from a 3800-square foot home to a 1450-square foot condo. Knowing there are issues like this I would think you would investigate your surroundings first before buying this type of place. My brother was mentally challenged so I certainly have compassion but this really has to stop – I am on the verge of calling 911 every time this happens. What is my recourse?

Mister Condo replies:

D.E., you are kind to be considerate and compassionate to understand the challenges your neighbors are facing. However, all unit owners, including you, have a right to peaceable enjoyment of their units. Clearly, this noise, regardless of the source, is violating your right to peace and quiet. Your recourse is to file an official complaint against your neighbor with the Board who will then take appropriate action. Typically, that involves summoning your neighbor to appear before the Board to address the rule violation. The Board then can take further action which is typically a fine or whatever else is outlined in your governing documents. If the noise continues, you continue to report it to the Board in writing (usually via the Property Manager). Your complaints are records of the association and, as such, are subject to review by any association members, including your neighbor. For this reason, some unit owners are reluctant to file a formal complaint. However, you have already tried the nice route and only received temporary reprieve. It is up to you to take the next step to restore the peace and quiet you are entitled to. Perhaps your neighbor will do a better job of restoring the calmness or perhaps they will realize that this close living quarters just isn’t the proper environment to raise a child with these types of special needs. Either way, I hope you get your peace and quiet back. All the best!

Unapproved Remodel to Upstairs Condo Damages Downstairs Unit

L.S. from outside of Connecticut writes:

Dear Mister Condo,

The question I have is this, I live in a condo that has 4 units per bldg. I own mine. These condos were built in the late 50’s maybe early 60’s. Unfortunately, there is an HOA fee of 150 dollars a month and the outside of the buildings look horrible. They really need to be painted and new front and rear doors placed. The front porch is falling apart. The condos were not built like the newer ones are. Someone purchased the upstairs condo and decided that they would remodel the whole condo. There was a wall removed and other major repairs without a permit that has caused damage to my condo. I spoke to a contractor who looked at the damage and informed me that if we were to try to fix it, it would cause more damage. The upstairs condo would receive damage also. I am just wondering who should pay for the damage. The owner knows that there were issues and he wanted his handy man who caused the damage and himself to look at it. I am not sure what good that would do. Should I file a claim with my insurance company and let them fight it out or is there another way to deal with this? Am I going to be stuck with a huge bill?

Mister Condo replies:

L.S., you certainly have a lot going on inside your 4-unit building. Let me address each item separately. First up, the HOA isn’t maintaining the property as they should. There is no reason for painting to go undone other than there is no money in the Reserve Fund for the project. You mention a fee of $150. If that fee isn’t enough to cover operating expenses and set aside money for routine maintenance like painting and door replacement, there will need to be a Special Assessment and/or an increase to common fees. Neither option is popular but that is the only way to get the association back on track so it can fulfill its duty to maintain the building exteriors.

The remodeling project is another issue entirely. It sounds like the upstairs unit owner did some unauthorized and unpermitted work on their unit causing damage to your unit. It’s time to speak with an attorney about suing the unit owner for the damage. You should file a claim with your insurance if you have suffered financial damage worth filing a claim over. However, the fault is clearly with the unit owner who did the unauthorized remodel. You governance documents likely spell out what types of repairs and improvements can be made to unit interiors. If they knocked down a supporting wall, you could be looking at a very expensive repair, not to mention the potential danger you are in. I would want to get this taken care of immediately. If they are amenable to correcting the problem at their expense, you may not need to sue but, in my experience, once the dollars start adding up, a lawsuit is almost inevitable. You should be able to recover your damages though and I am hopeful that your upstairs neighbor will do the right thing. Good luck!