How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Alex J. Esq. Your Own Question
Alex J. Esq.
Alex J. Esq., Attorney at Law
Category: Legal
Satisfied Customers: 16721
Experience:  Experienced Licensed Attorney
Type Your Legal Question Here...
Alex J. Esq. is online now
A new question is answered every 9 seconds

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: 6 years ago.
Category: Legal
Expert:  Alex J. Esq. replied 6 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 6 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 6 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.

If you are satisfied with my answer, I would appreciate if you would click on the accept button.
Please keep in mind if you already made a deposit or on a monthly subscription plan you will not incur any additional charges, but I will only be compensated for my time and effort only if you click on ACCEPT.

Bonus and positive feedback are always greatly appreciated!