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<Steve>

Neighboring Tenant Issue

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Hello Jaret and everyone.

 

To set the stage:

I currently have a property that I own as a rental. This is not a lease/option deal and as a matter of fact this is my very first rental I purchased back in 1993. The property is a condo and the unit is on the lower level with another condo unit above. And the above unit is rented to a tenant also. I have a great tenant in my unit who pays the rent every month 10 days before it's due, never complains and also does their own repairs and she will live there until she dies. Perfect.

 

My problem:

The tenant upstairs is a bad tenant. Noise, loud music at 1:00 & 2:00 am, people in and out at all hours, parties, disrespectful to everyone around, grouping outside causing disturbances etc... etc... This has been going on for a year. The police have been out around 20 times over the past year. The city noise ordnance is in violation and the condo by-laws. The association has received numerous complaints from my tenant, another neighbor and me. The associations can fine $100 per incident and did fine the owner of the above condo over $1,200. I have spoken to both the tenant & the owner of the condo who both just blew me off. The owner went in front of the association board and convinced them that this is an issue between the tenants and they simply do not like each other. Not true. The association is washing their hands of the whole thing and will not enforce the by-laws or the fines. I'm at risk of losing my perfect tenant and not being able to re-rent because of these bad tenants upstairs.

 

Is their anything legally I can do? I am considering contacting my attorney to discuss what options I may have. I am thinking of going after the owner and the condo association. I am stumped what to do next? :angry:

 

Thank you for any advise and sorry for the length of the post.

<Steve>

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Condo owners don't always pay fines, or even association dues. Your condo association bylaws should prescribe the appropriate remedy. Probably, the condo association has to record a lien against the property for the amount of the unpaid fines, and should probably also include some sort of interest accrual on the unpaid amount. The lien would need to be renewed every few years, to keep it in force.

 

When the condo owner sells the property, the lien is paid at settlement and the condo association gives a release of lien.

 

Instead of suing the board, run for office. When you are elected to the board, make changes from the inside.

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Hi DaveT-

 

The association accumulated all the back complaints into one large fine totaling $1,200. The upstairs owner had the opportunity to go in front of the board and plead his case. As a result the board did not go through with the fine and let him off the hook. The association decided not to enforce the by-laws as the upstairs owner convenced them that this was a personal dispute between tenants.

 

This is not just a dispute between tenants.

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Do your condominium covenants or bylaws say anything about noise. I am guessing it must, because your neighbor was fined for violating some provision of your convenants.

 

Since the board gave the owner relief from those fines, you have probably have no legal standing to sue. I suspect your bylaws grant the board broad discretion in enforcing the rules.

 

Since the board was lax in issuing the fines in the first place, I can see how the owner was able to bully the board into forgiving the fines. However, the board should not forgive any future violations. The board should issue fines as soon after a violation occurs as is practical. After the unpaid fines reach a certain dollar amount, then the board should record a lien against the unit.

 

Given that this has already occurred, your best course of action is to run for office, get elected to the board, then make changes from within.

 

An alternative you may want to consider is purchasing your neighbor's unit, then helping that noisy tenant pack to move as soon his lease expires.

 

I am not an attorney. I am curious to see how Jaret responds.

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