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Alex J. Esq.
Alex J. Esq., Attorney at Law
Category: Legal
Satisfied Customers: 16264
Experience:  Experienced Licensed Attorney
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I am board president of a nice condo HOA. We have a resident

Customer Question

I am board president of a nice condo HOA. We have a resident who is not an owner but a renter. This person is physically and mentally handicapped. She had a homeless person move in with her who several months ago passed away under suspicious circumstances. Now she has brought two more homeless in to live with her. We the homeowners feel we need to get rid of her before she sets the condo's on fire or another person dies. When we confront the owner of the property we are told we are discriminating. How do we go about getting rid of this person?
Submitted: 5 years ago.
Category: Legal
Expert:  Alex J. Esq. replied 5 years ago.
Hello. My name is Alex and I will be happy to answer your question.

Has the renter been declared mentally incompetent?
Customer: replied 5 years ago.
Not that I am aware of. I expect not. She was hit by a train and is obviously physically handicapped and is able to recieve some medications as a result.
Expert:  Alex J. Esq. replied 5 years ago.
Well if the tenant is violating your HOA bylaws by letting homeless people stay with her who are not on the lease, the HOA should sue the owner under nuisance and breach of HOA rules and seek penalties and attorney fees and costs from the owner.

I would suggest that you consult with an experienced local real estate attorney who specializes in HOA law and who can review the HOA declaration and recommend the quickest and most efficient legal recourse in this case.

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