Jump to content
Witzend

Methhead Neighbor and No Quiet Enjoyment

Recommended Posts

I live in a development with an HOA. A Meth head lives with his parents in a duplex across our small cul de sac. He has affected neighbors on the street and on the other side of the walkways with loud f-bomb cursing, interrogating pedestrians including children, noisily throwing items around, doing demolition inside the house at all hours, driving a truck recklessly in spite of the children, pacing and raging around his driveway shirtless and shouting curses at "someone" we can't see. The children are afraid of him and the parents only let them play out front if they are with them the whole time, or if they are sure the Meth-head isn't lurking around.

 

The parents have locked him out and he removes the sliding patio doors from their tracks to break in. Sheriffs say that since he lives there they can't lock him out. 

 

The renter who shared the party wall was driven out after four years of unpredictable banging and slamming on the wall and loud shouting. The Owner is selling only the empty half of the duplex while keeping the other half. I asked the realtor at open house whether they don't have a duty to disclose conditions to the seller, she said no. I have written to the realtor whose name is on the open house sign. I detailed the years and types of outrageous behavior and gotten no reply.

 

I went to City Hall to see about code enforcement but was told there is no code for this situation. 

When I phoned the DRE they told me they have no jurisdiction. Sheriffs have made numerous calls to the houseover the years, sometimes arresting the Meth-head and taking him away, sometimes just sitting him inside the squad car while his mother cries and begs them to release him, and sadly they do. It takes them longer and longer to respond to calls now. 

 

He wanders around and walks into open garages and if the resident is there, mumbles some lame excuse about why he is trespassing. He opens side gates and trespasses into yards. Sheriffs told one woman there is nothing criminal about that, since meter readers and UPS drivers have access to the yard too. They said she could hang a No Trespassing sign on her gate, which she did. 

 

Thefts from vehicles parked on the street or in driveways forced some of us to buy and install surveillance cameras to monitor our property. My AT&T service runs me $600 a year and I review tapes every morning. He has interfered with gardeners doing their jobs and threatened them to turn off their equipment, and decided to chat up my painters who were hired to comply with the HOAs demand to paint the house trim. One was on the roof, the other was on a ladder. They were not interested in his attention. I warn visitors not to make eye contact with him.

 

I got a copy of the CC&Rs. It has one section about Nuisance. The behavior is a nuisance and interferes with our quiet enjoyment of our homes. The Quiet Enjoyment Section seems to only deal with the recreational areas, like swimming pools. 

 

(from the CC&Rs) 

"ARTICLE XI - USE RESTRICTIONS Section 3 - Nuisance."

"No noxious or offensive trade or activity shall be carried on upon any Residence, or any part of the covered Property nor shall anything be done thereon which may be, or may become an annoyance or nuisance to the neighborhood, or which shall in any way interfere with the quiet enjoyment of each of the Owners of his respective Residence, or which shall in any way increase the rate of insurance."

 

So, short of hiring a Real Estate attorney is there a remedy anyone on this site has used successfully for something like this? I'm in California.

 

Share this post


Link to post
Share on other sites

Good question. Sheriffs have been called many times. I'll ask the neighbors I've met if they in particular have made calls when their children were bothered. I'm still putting more stuff together and hoping to get more neighbors actively involved. Trying to get name and address of property owner to write him or call him . When they've been called (mostly by Meth-head's parents) he runs out and walks the neighboring streets and paths and disappears until the sheriffs leave. If he can be found at home, they knock on the gate to his yard, call to him to come out and talk, but he hides silently inside the house. At this point, answering the 911 calls for this address doesn't resolve anything and if they are fed up and overworked I don't blame them if they are burned out.

Share this post


Link to post
Share on other sites

The HOA board is who is going to need to go after them.

 

Have you seen the guy actually smoke do meth?  There are mental issues that would cause the same behavior or he could just be and a-hole.

 

Because you statements about his drug use could be considered defamatory.

Share this post


Link to post
Share on other sites

No, I've never seen him using. I know from what his parents told me, and my stepdaughter is a meth head so I got a good close look at the meth cycle first hand. The two used to "party" together. The woman is now living under a bridge in another county, killing herself with drugs and she looks terrible.

Yes, mental illness produces the same behaviors, including Bi-Polar Disorder and Schizophrenia. Seen that close up too.

They won't get well unless they really want to, and relapsing is always just around the bend. I couldn't testify to seeing him use, but there are hospital and jail records that prove the use.

I saw the guy when he got clean, had a responsible job, was parenting his children. His parents were so happy. He blew all that away.

Share this post


Link to post
Share on other sites
4 hours ago, Witzend said:

So, short of hiring a Real Estate attorney is there a remedy anyone on this site has used successfully for something like this?

 

Yes, I used a successful remedy a long time ago when I had a crappy neighbor. Not a druggy. White trash. The kind whose property looks like a junk yard.

 

I finally realized nothing would ever change so I sold my house and moved.

 

4 hours ago, Witzend said:

I'm in California.

 

Condolences.

 

In many other states he would have been shot dead walking into somebody's garage or back yard. Problem solved.

 

 

Share this post


Link to post
Share on other sites

Yeah. In California if you strike an intruder in your garage, YOU can be arrested for assault. On a trespasser. Two of our neighbors had the pleasure of his company. Doesn't respect boundaries at all. 

Share this post


Link to post
Share on other sites

I’m not an attorney, but I’m confused as to why the HOA and or you and your neighbors can’t get a restraining/protective order? His parents can get a restraining order as well as start the eviction process. Without starting there it just sounds like a lot of gossip and an irritated neighbor with a personal beef against this guy. I don’t know any parent that would allow what you are saying to continue to go on. Also if you have an HOA then you are making a sizable amount of monthly payments to a company  that really should be handling this situation if it is affecting the neighbors like you say it is. No offense but it sounds personal. 

Share this post


Link to post
Share on other sites
18 hours ago, Sara said:

I’m not an attorney, but I’m confused as to why the HOA and or you and your neighbors can’t get a restraining/protective order? His parents can get a restraining order as well as start the eviction process. Without starting there it just sounds like a lot of gossip and an irritated neighbor with a personal beef against this guy. I don’t know any parent that would allow what you are saying to continue to go on. Also if you have an HOA then you are making a sizable amount of monthly payments to a company  that really should be handling this situation if it is affecting the neighbors like you say it is. No offense but it sounds personal. 

18 hours ago, Sara said:

One neighbor, a retired cop, has a restraining order after what Meth Head did to his car. He has cameras on his property.

As to the parents, Father has successfully obtained a restraining order. Which he may need to use now, as the meth head was released pending his trial. Father is buying cameras to monitor the property. The mother enables, but is out of the county for about another month.

The CC&Rs only cover blatant misuse of the common areas, and the meth head isn't cooking or using inside the gated recreation areas (Common Areas). The intrusive behaviors, if you've read my earlier posts, are trespassing into people's garages and back yards, entering their yards through their fences/gates, messing with cars and stealing from them, interrogating children and passersby. So yes, it is personal, when children can't play outside on the street with each other for fear of being questioned by a 44 year old man who asks whether they are sending "brown noise" to his house. Or being told that the normal noise kids make is "killing him" and to stop it. Or when gardeners are commanded to turn off their lawnmowers and blowers because the noise is "choking him." Or when he bangs on a neighbor's door demanding that he turn off his window fan, because it's sending out "brown noise".  Or when the little girls ask their fathers to walk them to school, which is past his house.

Another neighbor is playing phone tag with the HOA, trying to get them more involved than they want to be.

I got a copy of the CC&Rs, which  apply when there is a lot of traffic to a meth house, or when the residence is being used as a brothel, or when the activity is in the Common Area. 

Living with a meth addict is living like a prisoner, under siege, there is no "normal". They steal mail, apply for credit cards in your name, destroy your home. 

 

 

 

 

Share this post


Link to post
Share on other sites

I would suggest going to the the HOA meetings, you can get the residents together and threaten to vote to get a new management for your HOA if the current one refuses to do anything. I’ve seen management company’s removed for less negligence then what you are stating. This man trespassing into neighbors property, not allowing Gardner’s or workers to their job does effect common areas. It seems like you are just getting the brush off from someone who either is overloaded with work or doesn’t know how to do their job. 

Share this post


Link to post
Share on other sites

Join the conversation

You can post now and register later. If you have an account, sign in now to post with your account.

Guest
Reply to this topic...

×   Pasted as rich text.   Paste as plain text instead

  Only 75 emoji are allowed.

×   Your link has been automatically embedded.   Display as a link instead

×   Your previous content has been restored.   Clear editor

×   You cannot paste images directly. Upload or insert images from URL.

Loading...

×
×
  • Create New...