Can a judge rule for a home owner to forcefully sell home and leave neighborhood?

[ConcernedOwner]

(Texas law)

Just getting started in this research and interested in info or past cases/rulings involving a hostile home owner within an HOA neighborhood.

What legal recourse is there in regards to multiple complaints/police reports from several neighbors (10+) regarding a single home owner who has proven repeatedly to be physically dangerous to the families of the neighborhood (other than personal restraining orders).

Is there potential (or has there ever been a case in the US) to have a judge rule for the home owner to sell his home and forcefully leave the neighborhood because of continued harassment/threats/altercations? Or what typically is the outcome in litigation involving a single home owner repeatedly harassing other home owners.

 

[doucar]

Not that I am aware of, particularly not in Texas which is pretty much a pro homeowner state. Restraining orders, although you did not want to hear it, are the way to go in this situation, if the police will not act.

 

[Just Blue]

(Texas law)

Just getting started in this research and interested in info or past cases/rulings involving a hostile home owner within an HOA neighborhood.

What legal recourse is there in regards to multiple complaints/police reports from several neighbors (10+) regarding a single home owner who has proven repeatedly to be physically dangerous to the families of the neighborhood (other than personal restraining orders).

Is there potential (or has there ever been a case in the US) to have a judge rule for the home owner to sell his home and forcefully leave the neighborhood because of continued harassment/threats/altercations? Or what typically is the outcome in litigation involving a single home owner repeatedly harassing other home owners.

Have the police been involved? Has the neighbor been arrested? If yes, what for?

 

[ConcernedOwner]

Police have been involved/incident reports made. No arrests at this time as the threats have remained verbal thus far. But in addition to adults capable of self-defense—threats have also been made towards small children waiting at an elementary school bus stop and pregnant woman (e.g. the vulnerable who would have difficulty in self-defense should a physical encounter take place.)

It’s becoming quite uneasy and unsure what legal actions to take to “prevent” bodily harm (pregnant woman was in her own yard quietly gardening when the female owner of said hostile house charged towards her inciting a physical fight in retaliation of a post in the neighborhood social media group.

 

[Just Blue]

Harassed parties should seek a restraining order. A judge isn't going to order someone to sell their house and move.

 

[quincy]

There is nothing in your HOA’s documents that address problematic homeowners?

I agree with doucar and JustBlue that restraining orders appear to be the affected homeowners best recourse, if the police are unable to arrest the “hostile” neighbors.

 

[ConcernedOwner]

Harassed parties should seek a restraining order. A judge isn't going to order someone to sell their house and move.

Understood and certainly a path everyone is willing to pursue. Was just curious at what point, hypothetically, there are perhaps 5+ restraining orders against a single home owner within the neighborhood. Is that where legalities end or can more be pursued (outside of waiting for an innocent child or pregnant woman to be harmed/or fatality of someone).

 

[Just Blue]

What EXACTLY is this person doing? Give an example or two.

 

[ConcernedOwner]

There is nothing in your HOA’s documents that address problematic homeowners?

I agree with doucar and JustBlue that restraining orders appear to be the affected homeowners best recourse, if the police are unable to arrest the “hostile” neighbors.

I am in contact with the HOA board and am getting a copy of the bylaws. I was told our community had an attorney through the HOA management company. Just wanting to get some info/do research on any similar situations in the interim while waiting for more answers.

 

[Ohiogal]

Police have been involved/incident reports made. No arrests at this time as the threats have remained verbal thus far. But in addition to adults capable of self-defense—threats have also been made towards small children waiting at an elementary school bus stop and pregnant woman (e.g. the vulnerable who would have difficulty in self-defense should a physical encounter take place.)

It’s becoming quite uneasy and unsure what legal actions to take to “prevent” bodily harm (pregnant woman was in her own yard quietly gardening when the female owner of said hostile house charged towards her inciting a physical fight in retaliation of a post in the neighborhood social media group.

No One Saw a Thing | All Episodes Available To Stream Ad-Free | SUNDANCE NOW

ETA: NO! I am not encouraging any such thing but... this has happened and is fact...

All threats should be reported and those threatened should request restraining orders or civil protection orders.

 

[ConcernedOwner]

What EXACTLY is this person doing? Give an example or two.

The more serious out of a dozen at this point the the year 1/2 they have resided here:

Male homeowner threatened to physically harm small children/parents at bus stop because they were triggering his outdoor surveillance cameras from the sidewalk/edge of driveway. He actually physically got on the bus one day, cussed out the bus driver in front of a bus full of elementary children.

Female homeowner (same home) charged towards pregnant homeowner who was on her own property, asking pregnant female to come out to street for a physical altercation—acknowledging she knew woman was pregnant and still seeking a physical altercation.

Law enforcement was notified in both situations.

 

[quincy]

I am in contact with the HOA board and am getting a copy of the bylaws. I was told our community had an attorney through the HOA management company. Just wanting to get some info/do research on any similar situations in the interim while waiting for more answers.

Here is a link to Texas Property Code 209.006, on the requirement of notice prior to HOA action, should the homeowner be in violation of an HOA rule:

https://codes.findlaw.com/tx/property-code/prop-sect-209-006.html

Has your HOA board sent a certified letter to the homeowner?

 

[Ohiogal]

The more serious out of a dozen at this point the the year 1/2 they have resided here:

Male homeowner threatened to physically harm small children/parents at bus stop because they were triggering his outdoor surveillance cameras from the sidewalk/edge of driveway. He actually physically got on the bus one day, cussed out the bus driver in front of a bus full of elementary children.

Female homeowner (same home) charged towards pregnant homeowner who was on her own property, asking pregnant female to come out to street for a physical altercation—acknowledging she knew woman was pregnant and still seeking a physical altercation.

Law enforcement was notified in both situations.

Why weren't the police called? For either of these incidents? Or all of them? Anyone done that?

 

[ConcernedOwner]

Why weren't the police called? For either of these incidents? Or all of them? Anyone done that?

They were called.

 

[ConcernedOwner]

Here is a link to Texas Property Code 209.006, on the requirement of notice prior to HOA action, should the homeowner be in violation of an HOA rule:

https://codes.findlaw.com/tx/property-code/prop-sect-209-006.html

Has your HOA board sent a certified letter to the homeowner?

Not to my knowledge yet. There were two separate altercations, one involving police involvement, over the long holiday weekend. I have been in contact with the board so I believe actions will be taken soon. Just unsure what that consists of. I would be absolutely satisfied with a “warning letter” sent to the home if such exists.