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HOA not enforcing covenants.

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aries_ch1ld

Junior Member
What is the name of your state (only U.S. law)? Maine

I've been monitoring (taking pictures and video) drug activity outside my condo for over a year now. My HOA is also aware of this. However, they're located on the other side of Augusta and cannot maintain any type of enforcement. The person who is doing this drug activity involves His vehicle being parked on the side of the road, this kind street parking is prohibited by covenants (no street parking outside of driveways). I've tried explaining to the HOA that if it could get this Guy's car off the road (via towing) it would help mitigate drug activity. IF I am able to have police arrive out here in time to catch him, could I take my HOA to court for allowing this continue for this long? The average police response is 40 to 80 mins. By then the Man who is doing the drug activity is long gone. Also, I notified this HOA for over 6 months if this Man kept his car on the street it would cause an accident. Late last year a school bus did hit his vehicle. Could that help support my claim? I've saved all emails and voice calls. I have video evidence (I've also submitted to P.D) of Man admitting to illicit drug activity and admitting to continue defy HOA covenants. As well as selling liquor to minors.
 


Zigner

Zigner

Senior Member, Non-Attorney
aries_ch1ld said:
What is the name of your state (only U.S. law)? Maine

I've been monitoring (taking pictures and video) drug activity outside my condo for over a year now. My HOA is also aware of this. However, they're located on the other side of Augusta and cannot maintain any type of enforcement. The person who is doing this drug activity involves His vehicle being parked on the side of the road, this kind street parking is prohibited by covenants (no street parking outside of driveways). I've tried explaining to the HOA that if it could get this Guy's car off the road (via towing) it would help mitigate drug activity. IF I am able to have police arrive out here in time to catch him, could I take my HOA to court for allowing this continue for this long? The average police response is 40 to 80 mins. By then the Man who is doing the drug activity is long gone. Also, I notified this HOA for over 6 months if this Man kept his car on the street it would cause an accident. Late last year a school bus did hit his vehicle. Could that help support my claim? I've saved all emails and voice calls. I have video evidence (I've also submitted to P.D) of Man admitting to illicit drug activity and admitting to continue defy HOA covenants. As well as selling liquor to minors.
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Keep calling the police - THEY are the ones who can enforce the law.
You may wish to speak to a supervisor at the police department about your concerns. Maybe you can get some priority response at least once to catch these folks in the act.
 
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aries_ch1ld

Junior Member
Zigner said:
Keep calling the police - THEY are the ones who can enforce the law.
You may wish to speak to a supervisor at the police department about your concerns. Maybe you can get some priority response at least once to catch these folks in the act.
Click to expand...
I've spoken with an investigator, he and other officers have reminded me this isn't quite an emergency and manpower is limited. Which is understandable. Given the fact that the Guy who is doing the drug activity has spontaneous times and an officer probably can't wait around forever. They've also reminded me that they have no jurisdiction over this private property since it is owned by the HOA company regarding towing. At this point I would just like to take this to small claims court and present this in front of a judge. I have a lot of evidence but not sure how any of this would hold up in court.
 
LdiJ

LdiJ

Senior Member
aries_ch1ld said:
IF I can go to small claims court.. I do not understand. He has not caused me any damage.

I am looking for advice
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Small claims court is a civil court. In small claims court you sue for monetary damages. You do not have any therefore there is nothing you can sue for in small claims court.
 
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aries_ch1ld

Junior Member
LdiJ said:
Small claims court is a civil court. In small claims court you sue for monetary damages. You do not have any therefore there is nothing you can sue for in small claims court.
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Then small claims is not the route I am looking for. I would like to present the evidence I have in front of someone who can investigate this HOA for corruption. I've tried submitting a complaint to the BBB but they won't post my complaint.
 
LdiJ

LdiJ

Senior Member
aries_ch1ld said:
Then small claims is not the route I am looking for. I would like to present the evidence I have in front of someone who can investigate this HOA for corruption. I've tried submitting a complaint to the BBB but they won't post my complaint.
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You could sue the HOA for not enforcing the covenants, but you cannot do that in small claims court and it would cost you money to do so. You could run a campaign to be elected to the HOA board to try to work within the HOA to effect change, you could take all of your evidence to the police to see if they have any interest in arresting the drug dealer.
 
A

aries_ch1ld

Junior Member
LdiJ said:
You could sue the HOA for not enforcing the covenants, but you cannot do that in small claims court and it would cost you money to do so. You could run a campaign to be elected to the HOA board to try to work within the HOA to effect change, you could take all of your evidence to the police to see if they have any interest in arresting the drug dealer.
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I have an anxiety disorder. Going on the HOA board would be out of the scenario. I've taken the evidence to police and they have said they will only arrest IF they catch him red handed. Again, average police response is about 40 to 80 mins. Catching him so far has been difficult. On top of that he suspects I am the one calling police and indirectly threatened me. He claimed there would be blood if he caught whoever is calling police. This is all on video and I've submitted to police. I am very confused on where to go. Police won't do anything unless they catch him and HOA is too far away to notice.

Talk about being stuck between a rock and a hard place.
 
Last edited:
STEPHAN

STEPHAN

Senior Member
Have nice conversations with the other homeowners, make sure you get elected on the board of the HOA and change things.
 
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