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D Howard

Nuisance neighbor/drug den in neighborhood with an HOA

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Been to the HOA board today about a problem neighbor that is well known in our community. The Sheriff has been to this house many, many times over the 4.5 years (over 50 in one year alone). I read they can't stop someone from calling the cops. The board is well aware and for liability reasons couldn't tell me what is being done. 

 

But I had plenty of photos and documentation to give them which is what they said they need. So I'm going to inundate them with documentation. One neighbor has a restraining order against her and a camera mounted towards her property giving me documentation. 

 

But my question is: can I take these public crime reports I have gotten from the local Sheriff and distribute this to the neighbors?

 

The board was concerned about her suing me for harassment. These are public documents and if the neighbors (150 homes) were aware of the crimes going on there, they would start to jump on board with documenting her many covenant violations to help force her out.

 

The board says our nuisance clause is hard to enforce. So I told them to get with their lawyer on how to shore it up. Why do we have an HOA if her many covenant violations continue and we can't do anything with the nuisance clause along with the drug traffic in and out of our neighborhood?

 

What do you think about me spreading these public documents? I figure I could verbally tell the neighbors to start to document her violations when I pass out these crime reports. What do you think? The board was concerned if I put anything in writing to the neighbors. I doubt she has the money to sue me and I'm not concerned about my safety as I have the Sheriff on speed dial and they are well aware of her behavior. 

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I don't see any issue with distributing copies of the public documents WITHOUT COMMENT (no cover letter, no signature, no opinions, no recommendations, no return address on the envelope, no nothing), just the documents.

 

Let the 150 homeowners draw their own conclusions and make their own decisions.

 

Just make sure none of those "public" documents have your name on them. In other words, if you made a complaint all you've made are unproven allegations which might give rise to grounds for a lawsuit.

 

2 hours ago, D Howard said:

I had plenty of photos and documentation to give them which is what they said they need.

 

Of what?

 

When most people write that they have "proof" they often don't.

 

Example: You have photos of a guy coming up to her house and handing her a plastic bag of white powder. She hands him money. Is that "proof" that she is dealing drugs? No. It's a suspicion. If you voice that suspicion it's an unproven allegation. He could have picked up some baking soda for her at the store and she is reimbursing her. You would have no way of knowing unless the contents were analyzed in a lab.

 

Or: You have photos of cops coming to her house 50 times in a year. All that proves is that cops came to her house 50 times in a year. Was she convicted and jailed as a result of any of those visits? No?

 

If you had any real proof of crimes being committed she'd be in jail.

 

2 hours ago, D Howard said:

I doubt she has the money to sue me

 

Don't count on that. Lawyers can take a defamation case on a contingency.

 

I'm not saying you don't have a problem neighbor, I'm just suggesting that you be careful about what you say.

 

 

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3 hours ago, D Howard said:

can I take these public crime reports I have gotten from the local Sheriff and distribute this to the neighbors?

 

I have no reason to believe you lack this ability.  That said, I've never heard of "crime reports" being matters of public record.

 

 

3 hours ago, D Howard said:

Why do we have an HOA if her many covenant violations continue and we can't do anything with the nuisance clause along with the drug traffic in and out of our neighborhood?

 

That's a darn good question (albeit one that no one here will have the ability to answer).  I think HOAs are stupid and would never even consider buying a home in an area subject to the control of an HOA.

 

 

3 hours ago, D Howard said:

What do you think about me spreading these public documents?

 

I have no opinion whatsoever.  Nor can I understand why you'd care about the opinions of anonymous strangers on the internet.

 

These aren't really the questions you intended to ask, are they?

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I was hoping that I would get responses for the legal aspect of my question, thus why I posted this on Find Law. Obviously I was mistaken by the responses I got.

 

When I talk about proof, it's photos about the covenant violations and Sheriff crime reports I got from the Sheriff's office. 

 

I will seek legal counsel. Thanks anyway.

 

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5 hours ago, D Howard said:

I was hoping that I would get responses for the legal aspect of my question

 

You did.

 

You just didn't like having it pointed out that you might not have what you think you have and that you should be careful about how you express your allegations.

 

5 hours ago, D Howard said:

When I talk about proof, it's photos about the covenant violations and Sheriff crime reports I got from the Sheriff's office. 

 

Was she prosecuted and convicted of any of those "crimes" contained in the Sheriff's reports? If not, that says a lot about your "proof."

 

6 hours ago, D Howard said:

I will seek legal counsel.

 

Good idea.

 

 

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On 7/20/2018 at 11:10 AM, pg1067 said:

I have no reason to believe you lack this ability.  That said, I've never heard of "crime reports" being matters of public record

Well then how did I go into the Sheriff's office and get them? Ever heard of crime reports.com? That's where I started my search. The Sheriff's reports provide more information.

 

I was just asking if the reports I got from the Sheriff can be disseminated to the neighbors. Anyone can go in and get them for a specific address. 

9 hours ago, adjusterjack said:

You did.

 

You just didn't like having it pointed out that you might not have what you think you have and that you should be careful about how you express your allegations.

 

It's not that I didn't appreciate your response. It was just filled with snakiness. And you really didn't answer my questions. I'm not giving allegations to the neighbors, but public Sheriff reports. 

 

 

9 hours ago, adjusterjack said:

Was she prosecuted and convicted of any of those "crimes" contained in the Sheriff's reports? If not, that says a lot about your "proof."

Yes, she was prosecuted on 5 counts. Still pending in the court system until September. 

 

Thanks for your help even though it was filled with snarkiness. You must be a lawyer!

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15 hours ago, Witzend said:

Members who answer are volunteering their time. And lawyers can be decent people too.

 

Is there a reason you thought resurrecting a year old thread was a good idea?

 

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While searching through old posts for help with a bad neighbor, the tone of the post I responded to sounded ungrateful and that is the only reason I commented. And I'm still looking for a post that had something I can use with my situation. 

 

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9 minutes ago, Witzend said:

While searching through old posts for help with a bad neighbor, the tone of the post I responded to sounded ungrateful and that is the only reason I commented. And I'm still looking for a post that had something I can use with my situation. 

 

 

There is very little chance that the OP from a year ago will ever see your admonishment. An the members that replied are all big boys/girls that would have replied at the time if they thought it needed.

 

That said.  Open a thread and ask your question.  We look forward to your polite replies.

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