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That one family in every neighborhood...

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IwannaKnowPleas

Junior Member
What is the name of your state (only U.S. law)? Indiana
Hello all. My wife and I are having problems with a family in our neighborhood. I could go into detail if necessary but I'd like to ask to what degree an HOA is legally obligated to get involved in a problem between two neighbors. Also, what can an HOA do to repeat offenders? Thanks!
 


justalayman

Senior Member
Unless there is a breach of HOA rules, the HOA is not required, or even allowed, to do anything.

Even if there is a breach of HOA rules, they are not truly obligated to do anything but are allowed to act if they so choose.
 

IwannaKnowPleas

Junior Member
Unless there is a breach of HOA rules, the HOA is not required, or even allowed, to do anything.

Even if there is a breach of HOA rules, they are not truly obligated to do anything but are allowed to act if they so choose.
I believe there is an Indiana State Law 32-25.5-3-6 that requires HOAs to have a grievance resolution procedure. We have a legitimate complaint and besides that, we pay a monthly fee in order to have (among other things) peaceable enjoyment of the property. It would seem that constant verbal harassment would be a 'grievable' offense. If the HOA is obligated to see this thru, what can we expect to occur. I know you can't possibly predict what is going to happen but if you could cite some past precedent, it would be greatly appreciated. Thanks for the quick response!
 

justalayman

Senior Member
IC 32-25.5-3-6
Grievance resolution procedures
Sec. 6. The governing documents must include grievance resolution procedures that apply to all members of the homeowners association and the board.
As added by P.L.167-2009, SEC.2.
that states there must be a procedure in the documents. Now all you have to do is find something that requires them to utilize it.


We have a legitimate complaint and besides that, we pay a monthly fee in order to have (among other things) peaceable enjoyment of the property.
where do you come from claiming that your payment is to provide you with peaceable enjoyment of the property? It is to provide for the operation of the HOA and its' activities. If you can find rules that address peaceable enjoyment, then work to have those rules enforced. There is no general requirement the HOA fight to provide you with peaceable enjoyment of your property.

as to what might happen; I have no idea what is going on. Beyond that, understand that what the HOA can actually do to enforce a rule is limited, and that is applicable only if you can get your HOA to act.

It would seem that constant verbal harassment would be a 'grievable' offense.
as could any action to limit his freedom of speech.
 

IwannaKnowPleas

Junior Member
where do you come from claiming that your payment is to provide you with peaceable enjoyment of the property?
It says so in the codes and covenants. And we've talked to the HOA informally in the past and they agreed to send a "be a good neighbor" letter. They've set a precedent by getting involved and sending a letter even if they try to weasel out of getting involved. My other question was what can the HOA do? I know they can fine residents for violations and I also know these are the type of people who wouldn't pay those fines. I'm aware as well that the HOA has little power in collecting those fines but that those fines can show up as a lien against your property when you go to sell. Is that true? And again, I greatly appreciate your advice!
 

FarmerJ

Senior Member
One thing that has changed for many HOAs is that they no longer just wait til someone is ready to sell to get the fees they are allowed to collect via the rules that are tied to the properties. If a HOA goes after someone for non pay then they are making the huge leap of using Atty and foreclosing. check your states laws many things have changed like how in some places HOA /condo monthly fees can in some places be collected from tenants too when a LL is not paying them as in like maybe sucking up all the cash to run off with that they can while in foreclosure.
 

IwannaKnowPleas

Junior Member
Please update your other thread so all the relevant information is in the same post. It's not uncommon for multiple issues to be addressed in the same thread.

Indiana.
Hello all. What constitutes harassment in Indiana? We have residents that on daily basis virtually, scream profanity at myself or my wife while we're walking our dogs. They've gone as far as circling the neighborhood, flipping their brights on in my wife's face while she's walking, having their kids ride back and forth in front of our lane, flip us off etc... If this is not a criminal issue, does this constitute grounds for a civil case? What other remedies might I have? I also might mention that we live in a condo complex governed by an HOA. Thanks in advance for your advice!
 

LdiJ

Senior Member
Indiana.
Hello all. What constitutes harassment in Indiana? We have residents that on daily basis virtually, scream profanity at myself or my wife while we're walking our dogs. They've gone as far as circling the neighborhood, flipping their brights on in my wife's face while she's walking, having their kids ride back and forth in front of our lane, flip us off etc... If this is not a criminal issue, does this constitute grounds for a civil case? What other remedies might I have? I also might mention that we live in a condo complex governed by an HOA. Thanks in advance for your advice!
What started the whole problem? Tell the whole story. The details actually matter.

Or, in the alternative, consult with an attorney and give the attorney all the background and details.
 

IwannaKnowPleas

Junior Member
It started two years with a resident cursing at my step-son for letting our dog in her 'yard'. Her 'yard' is a common area and is for use by all residents as long as that use is reasonable as outlined in the codes. As long as your picking up your mess, there's no problem with dogs being anywhere. I explained this to her in a civil and courteous manner and everything was fine for about 8 months. In fact, we told our kids not to go down that far out of consideration for the cursing residents' kids who played in that common area, and my wife and I cross the street before we get to their corner. From that 8 months until now, I've compiled about six pages of detailed incidents. They range anywhere from having their kids making clucking noises as we walk by to cursing at us and circling the neighborhood in their car with the radio blaring and flipping the brights in our faces when they see us. They've gotten the mom's son involved and her husband is also involved. They seem to be very good at walking the fine line of criminal behavior. We have numerous witnesses (some of whom have been subjected to the same verbal abuse) and even had an off-duty police officer mediate a 'discussion' in which the officer mentioned reaching a some sort of resolution. The father's reply was "this ain't getting resolved". We've had the prosecutor's office try and contact them via the USPS and telephone to have a mediation hearing. Unfortunately, these hearings are not legally mandatory and therefore have been ignored. These people have no interest in resolving this matter, only a non-stop continuation of harassment and I'm about to lose my religion. I pay a lot of money in HOA fees to live in here and feel that somebody should be able to do something. I might add that their position is that we're letting our dogs crap in their 'yard' and not cleaning it up. Not only do we not let our dogs in their 'yard', we religiously pick up our messes. The father said he saw me do it which is a complete fabrication. I asked him whether he had any proof of this and he said "I saw you". Any thoughts?
 
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IwannaKnowPleas

Junior Member
The Indiana laws for harassment can be found here: http://www.ai.org/legislative/ic/code/title35/ar45/ch2.html
Thanks for the link! I'm familiar with that statute and the one that defines "harassment" 35-45-10. However, I was hoping that perhaps someone has had or knows someone who's had a similar experience and how they've handled it.
 

TinkerBelleLuvr

Senior Member
Are you "harassed" or "threatened?"

Your state is a single party must consent to be recorded. Nothing says you can't record what is happening and then present that to the authorities.
 

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