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

[quincy]

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.

The HOA Board and the HOA’s attorney should know about Property Code section 209.006. A Notice sent to the neighbor generally would be the first step the HOA would take to resolve the problem.

An injunction might be possible, prohibiting the neighbor from utilizing common areas, if the homeowner continues to violate rules, restrictions or laws.

Good luck.

 

[ConcernedOwner]

The HOA Board and the HOA’s attorney should know about Property Code section 209.006. A Notice sent to the neighbor generally would be the first step the HOA would take to resolve the problem.

An injunction might be possible, prohibiting the neighbor from utilizing common areas, if the homeowner continues to violate rules, restrictions or laws.

Good luck.

Thanks for this info. I will forward to the board members I am in communication with and see if it applies to our situation. As with most HOA’s, it is a volunteer role and most board members do not have too much legal knowledge. Again, I appreciate this info.

 

[quincy]

Thanks for this info. I will forward to the board members I am in communication with and see if it applies to our situation. As with most HOA’s, it is a volunteer role and most board members do not have too much legal knowledge. Again, I appreciate this info.

You’re welcome, ConcernedOwner.

I recommend you get the property management’s attorney involved soon, before issues with the hostile neighbor escalate. Each affected homeowner also can speak to their own attorneys about the possibility of restraining orders. And neighbors should continue to call the police if there is any reportable incident with the neighbor, if interaction with the neighbor cannot be avoided.

 

[FarmerJ]

unless you learn there is a law declaring it to be illegal I suggest that outdoor cameras with sound recording ability are used so when your neighbor lady is out doing yard work and the one neighbor begins verbal aggressing to the other or attempts to cross a property line and physically aggress to another then with recordings it may be possible to show copies to the police as well as copy to ones own attorney. Your Hoa likely cant do anything BUT with enough instances sooner or later your local PD may be able to do more.

 

[quincy]

unless you learn there is a law declaring it to be illegal I suggest that outdoor cameras with sound recording ability are used so when your neighbor lady is out doing yard work and the one neighbor begins verbal aggressing to the other or attempts to cross a property line and physically aggress to another then with recordings it may be possible to show copies to the police as well as copy to ones own attorney. Your Hoa likely cant do anything BUT with enough instances sooner or later your local PD may be able to do more.

If you are a party to a conversation, or you have the consent of one of the parties to a conversation, to audio record, then it does not violate Texas recording laws. And video recording that does not intrude on the privacy rights of others would be okay.

Audio recordings can pick up private conversations even in public places. You need to be careful not to invade anyone’s privacy, either with audio taping or video taping, especially when it can be argued the person being recorded had a reasonable expectation of privacy at the time.

The law, Texas Penal Code 16.02: https://statutes.capitol.texas.gov/Docs/PE/htm/PE.16.htm#16.02b

 

[ConcernedOwner]

unless you learn there is a law declaring it to be illegal I suggest that outdoor cameras with sound recording ability are used so when your neighbor lady is out doing yard work and the one neighbor begins verbal aggressing to the other or attempts to cross a property line and physically aggress to another then with recordings it may be possible to show copies to the police as well as copy to ones own attorney. Your Hoa likely cant do anything BUT with enough instances sooner or later your local PD may be able to do more.

Appreciate your info. Yes, mostly everyone—including the hostile household—have outdoor cameras. But of course they are usually only triggered by motion when an individual steps on the intended owner’s property. Beneficial if hostile house steps over property line, but would not pick up hostile house remaining in their yard, but threatening bodily harm or, God-forbid, brandishing a firearm.

I do know some neighbors have started setting up a cell phone camera to continuously record in the direction of the hostile house (“continuously,” meaning during duration that an “innocent home” is outside working in yard or playing with family, not a 24 hour surveillance). Some neighbors do it boldly by setting up a tripod in hopes it deters hostile neighbors was stepping outside to create an interaction. Others do it inconspicuously so as not to attempt to intimidate or instigate the hostile neighbors, but very aware that an incident may happen since hostile home is not aware they are being recorded. I don’t know which is the best “method” here if anyone could weigh in—I can see both sides. Of course our main goal is to de-escalate, not instigate.

Everyone is just wanting to feel safe in our once quiet, peaceful neighborhood. It feels like we are continuously bracing ourselves for the next altercation and holding our breath to dreadfully catch something horrible on camera.

 

[ConcernedOwner]

If you are a party to a conversation, or you have the consent of one of the parties to a conversation, to audio record, then it does not violate Texas recording laws. And video recording that does not intrude on the privacy rights of others would be okay.

Audio recordings can pick up private conversations even in public places. You need to be careful not to invade anyone’s privacy, either with audio taping or video taping, especially when it can be argued the person being recorded had a reasonable expectation of privacy at the time.

The law, Texas Penal Code 16.02: https://statutes.capitol.texas.gov/Docs/PE/htm/PE.16.htm#16.02b

Thanks for this info, Quincy. I actually just posted about recording activity prior to seeing your response, if you could weigh in on that.

 

[quincy]

Appreciate your info. Yes, mostly everyone—including the hostile household—have outdoor cameras. But of course they are usually only triggered by motion when an individual steps on the intended owner’s property. Beneficial if hostile house steps over property line, but would not pick up hostile house remaining in their yard, but threatening bodily harm or, God-forbid, brandishing a firearm.

I do know some neighbors have started setting up a cell phone camera to continuously record in the direction of the hostile house (“continuously,” meaning during duration that an “innocent home” is outside working in yard or playing with family, not a 24 hour surveillance). Some neighbors do it boldly by setting up a tripod in hopes it deters hostile neighbors was stepping outside to create an interaction. Others do it inconspicuously so as not to attempt to intimidate or instigate the hostile neighbors, but very aware that an incident may happen since hostile home is not aware they are being recorded. I don’t know which is the best “method” here if anyone could weigh in—I can see both sides. Of course our main goal is to de-escalate, not instigate.

Everyone is just wanting to feel safe in our once quiet, peaceful neighborhood. It feels like we are continuously bracing ourselves for the next altercation and holding our breath to dreadfully catch something horrible on camera.

Any interactions with the neighbor outside can be recorded by those involved without legal issue. I would avoid centering any camera on the neighbor’s house, especially windows and doors, as that can not only invade your neighbor’s privacy but also support an harassment complaint filed against you by the neighbor.

I definitely understand your concerns but it is important to remember that the neighbor enjoys some rights, too. You do not want to give him any ammunition to use against you.

 

[ConcernedOwner]

Any interactions with the neighbor outside can be recorded by those involved without legal issue. I would avoid centering any camera on the neighbor’s house, especially windows and doors, as that can not only invade your neighbor’s privacy but also support an harassment complaint filed against you by the neighbor.

I definitely understand your concerns but it is important to remember that the neighbor enjoys some rights, too. You do not want to give him any ammunition to use against you.

You are absolutely right, the last thing we would want is for them to have ammunition and feel justified in their actions. To be fair, the footage I have seen from others and taken myself is usually taken of their full yard, full home, portion of recorder’s yard, and includes much of the street and even some of another neighbor’s property. It’s a broad view, never zero’d-in on a window or door.

I understand it would be more effective to only pull out camera and record DURING an incident, but as proven over the weekend with the altercation involving the pregnant woman, once pregnant woman pulled out phone to record, hostile female neighbor took off back inside. Law enforcement was called, but unfortunately recorded footage only showed the tail-end when hostile female was “on her best behavior,” waving at camera saying “take care” while walking back inside.

Some serious Jekyll and Hyde. How do we “legally” catch the Hyde personality to build a case—without Jekyll’s feigned performance when they realize they are being recorded?

 

[quincy]

You are absolutely right, the last thing we would want is for them to have ammunition and feel justified in their actions. To be fair, the footage I have seen from others and taken myself is usually taken of their full yard, full home, portion of recorder’s yard, and includes much of the street and even some of another neighbor’s property. It’s a broad view, never zero’d-in on a window or door.

I understand it would be more effective to only pull out camera and record DURING an incident, but as proven over the weekend with the altercation involving the pregnant woman, once pregnant woman pulled out phone to record, hostile female neighbor took off back inside. Law enforcement was called, but unfortunately recorded footage only showed the tail-end when hostile female was “on her best behavior,” waving at camera saying “take care” while walking back inside.

Some serious Jekyll and Hyde. How do we “legally” catch the Hyde personality to build a case—without Jekyll’s feigned performance when they realize they are being recorded?

I suggest that you just keep reporting all incidents to the police, recording what you can of the hostile interactions. And work on getting restraining orders in place.

Once there are restraining orders, any violation of the order can result in an immediate arrest.

 

[ConcernedOwner]

Will do, appreciate you!

 

[quincy]

Will do, appreciate you!

Thanks. Good luck.

 

[zddoodah]

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).

Depends on the terms of the CC&Rs and other HOA governing documents.

I'd suggest you and those of your neighbors who are concerned pool your financial resources and retain the services of a local attorney.

 

[quincy]

Depends on the terms of the CC&Rs and other HOA governing documents.

I'd suggest you and those of your neighbors who are concerned pool your financial resources and retain the services of a local attorney.

The HOA’s property management company apparently has a lawyer looking into it.

 

[ConcernedOwner]

Seems we’ve hit a wall with the property management company. I received an email this morning from our community manager (separate from the board) stating it was out of HOA jurisdiction/overstepping authority to intervene in neighbor-to-neighbor disputes. Understandable—was just curious at what point (if ever) they would intervene when it’s numerous altercations with numerous residents.

Looks like our only recourse is to sit back and hope for no further aggressive encounters, but brace ourselves and be prepared to continue getting law enforcement involved to seek personal restraining order cases if possible/necessary.

Just updating this thread should anyone else in Texas run into such a predicament and find this a useful starter resource.