QUESTION: We have a renter who continues selling drugs even though he has been incarcerated in the past for doing so. Several people have notified the property manager and we have called the police. Can the association demand that the homeowner evict this renter?
ANSWER: If he is dealing drugs on the property (criminal activity) and/or represents a threat to the safety of residents, you can demand eviction. In addition, you can hold hearings and impose fines against the owner for any rules violations committed by the tenant as well as the nuisance provisions of the CC&Rs. If the owner refuses to evict the tenant, the association can take legal action against the owner. The authorized use of medical marijuana requires a different approach.
ASSISTANCE: Associations needing legal assistance can contact us. To stay current with issues affecting community associations, subscribe to the Davis-Stirling Newsletter.