Complex - known drug house - HOA not able to do anything?

2 Replies

The owner lives out of town, apparently the sister of said owner lives there as well as anybody that needs a roof.  In the past it was raided by SWAT for the same reasons.  Wasn't like this when I bought my place 20 years ago.  The neighborhood has complained, I have pictures, the police have pictures and are (I guess) compiling a file.  I know that I've heard of police/government seizing property for drug related activity.  This is in California.  Where would I be able to find out more?  This has been going on for the last 5-7 years.  Their patio is a pile of junk and garbage and I get dinged for a broken slat in my blinds?  Should I ever want to sell, that might not be a possibility as the downstairs unit is full of druggies, tweekers and (excuse me) low life.  Nobody has a clue as to how many people live there due to new faces all the time.  We now have a number of units purchasing cameras to capture the drug sales - literally people walk up to the bedroom window to buy.  We concerned tenant may need a lawyer to force the association into action.  

@Esme Borrego you need to study your HOA covenants and bylaws carefully. There have to be a number of rules being violated. If the HOA Board of Directors (or their hired management team) is failing to "ding" for these violations then they are in violation themselves. They have a fiduciary duty to protect your property value. You and your neighbors need to attend every meeting, send certified letters, etc. to demand that they perform. And yes, you made need to hire an attorney that does HOA work. If your HOA is found negligent then they would have to pay (or their insurance company). In my county the police also have the right to file charges against both renters and property owners for "keeping a disorderly house". This is usually used on college party houses. It is a misdemeanor but annoying to deal with - especially if the police do it over and over.

@Teri S.

Thank you for the feedback. I will review the covenants/bylaws. HOA/Mgmt company do send letters, but they are defiant and do not adhere. Will also look into the misdemeanor charges to see if they are applicable here in Monterey County. We may very well have to get tenants to call the police for every annoying action, maybe that will light a fire under someone.

Thanks again.  Esme

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