Recommendations for things I can do about a homeless camp behind my complex?

Question

Hi all,I am located in California and purchased an out of state investment property (condo) in Dallas, Tx in March. My tenant informed me that some homeless people have set up tents in a vacant lot that is located behind the complex and while the complex is gated, she has seen some of them wait until the gate is open when a car is leaving to sneak onto the property and she said she has even seen some of them jump over the gate itself to gain access to the complex. When they get on the property, they have been emptying the trash from the bins on the ground. Some of the pictures that my tenant has sent me are horrible. If it gets slightly warm outside then they are also coming into the complex to hang out in the parking lot area and making some of the residents feel unsafe. The complex has recently hired a new HOA company to run it as the old one was doing a horrible job and the new company has informed me that they are making plans of hiring security for the complex which I am hoping will help mitigate these problems. I wanted to ask if there is anything else that you guys recommend I do in this case? Would contacting the city and letting them know about the homeless camp in the vacant lot help? I hope I am not coming off as greedy because I really do empathize with their situation, but it has gotten to a point where they are interfering with the daily lives of my tenant, her kids, and other residents in the complex. Any constructive advice on other things I can be doing/people to talk to that would help would be greatly appreciated!Thanks so much BP community!

Nathan Gesner · Answer

That's the kind of mindset that is destroying California. Homeless are not helpless. Most of them are choosing to live that way and society is allowing them to do what they want without consequence. Now your HOA is going to hire private security (on your dime) to protect your community because your elected leaders (on your dime) refuse to do it.California spends over $1 billion a year to deal with homeless, but their "solutions" only increase the number of homelessness and encourage the bad behavior. All you can do is fight it locally and at the ballot box.

Richard F. · Answer

Aloha,You need to understand that the "HOA Company" works at the direction of the Board of the Association. The Board is the primary decision making body; and they are responsible to develop and approve strategies, policies, and guidelines that the Management company follows. The Board also generally makes all financial decisions, such as establishing the monthly fees, approving vendor contracts, and closely reviewing financial reports each month. The Board makes final budget decisions and approves the Operating Budget and the Reserve Funding Plan. If your Board is not following the Governing Documents of the Association, as well as all applicable laws, they are not fulfilling their fiduciary duty to all owners. The Management Company cannot just decide to spend money for a repair or a service that has not been previously approved by the majority of the Board. The Management Company primarily provides the financial services of collecting monthly fees and paying vendors while producing proper monthly financial reports. Beyond that, they are more responsible to make recommendations that adhere to the Governing Docs and all applicable laws, and generally guiding the Board in what they should be doing. Of course, every Management Contract is different, so you need to review what was agreed to when they were contracted (and as an Owner, you DO have the right to review the document).Excellent lighting is definitely a key element to providing better security; however the value of a security guard may not justify the cost. Generally a better use of the Memberships funds would be a high quality security camera system that provides evidence quality videos and screenshots; has remote access that offsite management or security remote guard services; or Board Members and Resident Manager can access and review at any time; is easy to review recorded video; and has storage for over two weeks worth of continuous video for all, or most, cameras. Cameras never fall asleep on the job; you have "eyes" 24/7/365 in all covered areas; the software can generate notifications or emails to key people when an area is entered during specified time periods; the quality allows for generally easy identification of people violating the space and/or HOA rules (generating income from fines while changing bad behaviors).You can try to get the city to do something with the encampment, but since its not actually on HOA property, it will likely take a LOT of effort to make a difference. OTOH, call police and provide them of clear video of trespass or other crimes, well, hopefully their hands are not tied too, and they will actually arrest or relocate the violators. Be sure your on site people...Board Members, Site Manager or others designated by the Board know how the Trespass laws work, and follow the proper steps. For example here, PD will not issue an initial Warning. The Property Owner or Manager (or Board) needs to prepare a document to collect the identifying data from the offender; spell out the address and description of property where the person is being trespassed from; and includes a block of specific text stating the specific law and required language. The responding Officer signs and provides Badge number; the Trespasser signs; we take a "mug shot" for our records; Officer gets a copy of the completed document, and we keep one on file. If the person returns within a year, THEN the PD will put the bracelets on and take them away. Once in a while luck will be with us, and the trespasser will have obvious illegal items or is not adequately clothed, or just barking at the moon, and on those occasions there is a good chance they will be taken away in addition to receiving the warning. My point is, you need to know how local law works and prepare for it accordingly.

Mo Karim · Answer

@Mohammed Nasser You're welcome! I'm glad they went out and now it's on their radar.

Cathy B. · Answer

Portland, OR story here . . .Some friends had a house next to an abandoned commercial property. A homeless encampment started up . . . very close to their house. They called police, but the police would not do anything as they were not owners of the property. It took some time, but they were able to contact the owner and set up an agreement where they would call in trespassers so the police could remove them. After things got cleaned up . . .they sold and moved on.The HOA or the security could be the person that calls, but I have to believe if it can be done in Portland, it can be done in Texas.Good luck!

Travis Timmons · Answer

@Nathan Gesner it's in Texas, chief.

Ron Brady · Answer

I believe OP said his property is in TX.

Mo Karim · Answer

@Mohammed Nasser - I'd put in service requests with homeless services. They take forever to respond but if you keep putting in the tickets hopefully they'll visit the locations more frequently. Have your tenant do the same. Here's the link: https://dallascrm.my.site.com/public/servicetypesAnother option is letting HOA know and have them try to come up with a solution. If HOA knows the owner of the lot, maybe they can all work together, share the cost and put up a fence around the lot. That should help with displacement.Dallas PD won't deal with homeless or low level crimes such as trespassing as they're very short handed (it's a bit different in the quiet suburbs).

Dock Newell Jr · Answer

Hi Mohammed,That's a difficult position to be in. Understandably, you want to address the situation if only to maintain the safety and comfort of your tenant and other residents is valid. To address a homeless encampment, contact local authorities, inquire about community policing programs, collaborate with the HOA, and consult with city resources. Maintain open communication with tenants and encourage them to report any suspicious activity or safety concerns. Consult with a local attorney specializing in landlord-tenant or property management issues for legal guidance. Stay informed about local ordinances and regulations related to homelessness, as these laws can vary by city and state. Contact the city's housing or homeless services department for guidance on handling the situation. Maintain open communication with tenants and seek legal consultation to ensure the safety of residents.Hope this helps!

Mohammed Nasser · Answer

Thanks @Mo Karim! I put in a service request with the office of homeless solutions since reading your post. They sent someone to check out the location and while they didnt any homeless people while visiting, they did see their tents and the accumulated garbage (mostly furniture they collect from somewhere). They determined that it was a code violations since its on private property so they routed the request to Code Compliance. Hopefully they will have the items, and encampment removed. Thanks again for your recommendation!

James Hamling · Answer

Well, can't say I have the most conventional approach @Mohammed Nasser but it's just what I have found to be effective. I would go uber-high conflict route, because my "solution" involves the politics and in my experience, when dealing with city politics, it's the bull in a china-shop that get's the action. Yup, they don't like it, but it get's action. I'd start with a BPO, 2 actually for what I could sell at now given situation, and what I had prior, to show damages. And than I'd be talking to all my neighbors in the HOA on the same. From there I'd be very active with local PD, not the officers the actual command structure, decision makers, pressing not just for immediate action but answers why this impact has been allowed to run in the first place. Expecting answer of something with city council, the politics, that's my ticket to the real action. From there I would get familiar with ever council member, and be active with each one, finding who my allies are, who are the enemies, who's in between. And from there getting very, VERY loud and public on it; putting in items to be addressed at council meetings, being at council meetings, getting every chance at the mic to demand answers, getting neighbors there also demanding answers. And at same time, fielding resources to present a class action suite for damages. And while to many I am sure this sounds extreme, but it's not, it's politics, it's strategy. Council members live in the world of politics, and politics is just a different world. Such actions are not personalized, there understood as strategic, even smart, pressing an issue, "selling" the issue. When something is pressed into public light, there hand is forced. Spin is the fundamental of their lives, and yes I would do what I had to put them on defensive as much and consistently as possible because that is when you control the narrative. The suite is just leverage, the meetings etc again, leverage. Making them "defend" ignoring the issue, which no politics can defend such in TX, right. While I am sure there is some underlying fundamental logistics, the only way those get "solved" is by the issue becoming THERE issue, and one in the full spot-light. Without that, it's going to be you and the HOA paying to mitigate the issue, for who knows how long, maybe perpetually. And who knows how much worse it will all get. What your willing to deal with, the politics will be more than happy to ignore and leave you to deal with. Only "solution", is with those who actually have power, authority and resources to affect some "solution", and that isn't you and HOA. It's not even PD, because PD is at whim of the political powers who hold there budget and directives. So my approach, change the political will and priority, that will change literally everything else. Time intensive, yes it sure is. But I don't see another way unless you want to just walk-away, or become "Father Theresa" and start your own charity. It's not a simple little thing to deal with, the solution won't be either. I say decide if your in it for the long haul, or it's time to get going. Either way it won't solve itself.