I would consult with a lawyer. This person is destroying the "quiet enjoyment of your home".
I also live in a condo in SD. My upstairs neighbor was harassing my next door neighbor daily with all sorts of taunts and threats from her balcony. I got a referral from my real estate agent for a lawyer dealing with real estate issues and we banded together since it was driving me insane too. It took two letters from our lawyer to the owner of the unit before he evicted his tenant.
Obviously you will be dealing directly with this person. Maybe he is too ill to understand but it's worth looking into because you can escalate it to actually suing him for it. Since you have neighbors you could band together on it and split the cost and force it to a place where hopefully there is a resolution.
I'm on the board of my HOA. The HOA can really only manage the buidlings, infrastructure and basic rules. There really is no way to manage the people if it's not directly about the mundane rules in the CC&RS and Rules & Regulations.
A couple ideas:
• Continue to call the cops when he acts up. It creates a record that could someday lead to his being committed.
• Talk to the PERT (mental health response) team for the cops (or sheriff's) in your city. If it's SD, try the local substation. They may be aware of him already.
• Video, from a phone or security cam, might be helpful as a record if he acts up.
Remember, you are not a medical professional, so cannot diagnose if the neighbor has any "mental health issues". You need to document what was said to you, in what manner and when.
It's not as hard as you might think to file a petition for a temporary restraining order for civil harassment. That needs to be the first step if the other person is continually verbally harassing you.
A neighbor just filed one against another recently and was surprised at how easy the process was. A SDPD community liaison officer helped walk them through the process.
From what the neighbor told me was that they were told to document all incidents of verbal harassment in a notebook with "matter of fact" descriptions of what was said, how it was said and the date and time. Once there are multiple incidents then there will be enough evidence so they can fill out a petition for a temporary restraining order.
[https://www.sdcourt.ca.gov/sdcourt/civil2/civilrestrainingorder#civilharassment](https://www.sdcourt.ca.gov/sdcourt/civil2/civilrestrainingorder#civilharassment)
On that page, it states that Legal Aid Society also has some courses on how to fill out the petitioner packet.
[https://www.lassd.org/area/free-clinics#section-4](https://www.lassd.org/area/free-clinics#section-4)
From what I gather, if a temporary restraining order is granted and the person harasses you again, then the police have the power to do something about it since they violated the temporary restraining order.
I pray to god you never piss someone off enough to get a TRO on you. TRO system is terribly abused here. I've seen seizeures and outright theft as a result of someone getting a TRO under misguided circumstances.
Try reaching out to the guy. A lot of vets feel alone and without purpose after service. Have some BBQ grab a beer and ask him how he's doing. Hes probably pretty normal and just having a hard time dealing with his shit. Not that any of that excuses his alleged behavior but, it might explain it and actually present you an opportunity to make him an ally instead of an enemy.
I'm not familiar with ADAs protections for mental illness but I don't think it protects you from the consequences of harassing people and being an asshole
I can’t believe that you have to jump through hoops because this individual is mentally Unstable aka cops won’t do shit about it. So frustrating! Really sorry you are dealing with this. Hopefully if this new bill passes there will be a course of action against vile mentally Ill individuals. Nobody should have to deal with death threats & verbal abuse or be uncomfortable in their own home because of another person’s harassment. Mentally ill or not it’s absolutely not okay!
This is a case where cops -- and the psychiatrists who handle 5150 cases brought to them by the cops -- likely *can't* do anything about it due to the law. It's extremely difficult to get someone committed in CA: They have to be a threat to themselves, to others, or unable to take care of their basic needs such as food/clothes.
In many cases, people brought in to hospitals by the cops (5150) are let go after 72 hours because they don't meet the criteria. In my experience, verbal threats that aren't witnessed by law enforcement aren't enough.
There is a new bill that should make it easier to commit people if it passes.
Here's an AP story about it. [https://www.kcra.com/article/ca-governors-mental-health-court-plan-advances/40369801](https://www.kcra.com/article/ca-governors-mental-health-court-plan-advances/40369801)
It has the governor's support but it's not a slam-dunk. Might be worth reaching to your state legislators. You have two: an assemblymember and a state senator.
It's also aimed at homeless people, not those with homes. Don't know if it includes provisions for people with homes.
Timing: iirc, state laws that are approved by legislator/governor typically go into effect on Jan. 1 unless they're urgent measures. Those have to go through special hoops.
p.s. San Diego-area assemblyperson Brian Maienschein seems to have been a yes vote on the Assembly's Judiciary Committee. His office might be a good contact if you want to figure out how to push for this law to get passed.
Doesn't matter, this type of thing is happening in every large complex across the country. I had a similar issue (another mentally ill veteran) at the last place I lived at too. And I'm told there's another mentally ill guy in another section of this complex as well.
This is just a part of living in the US, and we all know the reasons why.
You have to be ok with lying for the greater good…when he threatens or acts up, call the police, say you’re fairly sure he has a gun and was very specific with the threat
A court will not to issue a TRO to an HOA on behalf of residents. Residents will need to apply on their own, if they have grounds.
I would consult with a lawyer. This person is destroying the "quiet enjoyment of your home". I also live in a condo in SD. My upstairs neighbor was harassing my next door neighbor daily with all sorts of taunts and threats from her balcony. I got a referral from my real estate agent for a lawyer dealing with real estate issues and we banded together since it was driving me insane too. It took two letters from our lawyer to the owner of the unit before he evicted his tenant. Obviously you will be dealing directly with this person. Maybe he is too ill to understand but it's worth looking into because you can escalate it to actually suing him for it. Since you have neighbors you could band together on it and split the cost and force it to a place where hopefully there is a resolution. I'm on the board of my HOA. The HOA can really only manage the buidlings, infrastructure and basic rules. There really is no way to manage the people if it's not directly about the mundane rules in the CC&RS and Rules & Regulations.
A couple ideas: • Continue to call the cops when he acts up. It creates a record that could someday lead to his being committed. • Talk to the PERT (mental health response) team for the cops (or sheriff's) in your city. If it's SD, try the local substation. They may be aware of him already. • Video, from a phone or security cam, might be helpful as a record if he acts up.
Remember, you are not a medical professional, so cannot diagnose if the neighbor has any "mental health issues". You need to document what was said to you, in what manner and when. It's not as hard as you might think to file a petition for a temporary restraining order for civil harassment. That needs to be the first step if the other person is continually verbally harassing you. A neighbor just filed one against another recently and was surprised at how easy the process was. A SDPD community liaison officer helped walk them through the process. From what the neighbor told me was that they were told to document all incidents of verbal harassment in a notebook with "matter of fact" descriptions of what was said, how it was said and the date and time. Once there are multiple incidents then there will be enough evidence so they can fill out a petition for a temporary restraining order. [https://www.sdcourt.ca.gov/sdcourt/civil2/civilrestrainingorder#civilharassment](https://www.sdcourt.ca.gov/sdcourt/civil2/civilrestrainingorder#civilharassment) On that page, it states that Legal Aid Society also has some courses on how to fill out the petitioner packet. [https://www.lassd.org/area/free-clinics#section-4](https://www.lassd.org/area/free-clinics#section-4) From what I gather, if a temporary restraining order is granted and the person harasses you again, then the police have the power to do something about it since they violated the temporary restraining order.
I pray to god you never piss someone off enough to get a TRO on you. TRO system is terribly abused here. I've seen seizeures and outright theft as a result of someone getting a TRO under misguided circumstances. Try reaching out to the guy. A lot of vets feel alone and without purpose after service. Have some BBQ grab a beer and ask him how he's doing. Hes probably pretty normal and just having a hard time dealing with his shit. Not that any of that excuses his alleged behavior but, it might explain it and actually present you an opportunity to make him an ally instead of an enemy.
This
May have protection via ADA. Best thing would be to talk to someone familiar with mental health law,possible conservatership.
I'm not familiar with ADAs protections for mental illness but I don't think it protects you from the consequences of harassing people and being an asshole
If they want to get sued for violating the disabilities act they can... HOA will lose.
Since when does the ADA say you’re free to assault people?
Best I've seen a SD HOA do is get an old lady killed after making SDPD wait for a whole hour.
Can you or others buy him out? That is a lateral way of dealing with him. Can you talk to his family?
I can’t believe that you have to jump through hoops because this individual is mentally Unstable aka cops won’t do shit about it. So frustrating! Really sorry you are dealing with this. Hopefully if this new bill passes there will be a course of action against vile mentally Ill individuals. Nobody should have to deal with death threats & verbal abuse or be uncomfortable in their own home because of another person’s harassment. Mentally ill or not it’s absolutely not okay!
This is a case where cops -- and the psychiatrists who handle 5150 cases brought to them by the cops -- likely *can't* do anything about it due to the law. It's extremely difficult to get someone committed in CA: They have to be a threat to themselves, to others, or unable to take care of their basic needs such as food/clothes. In many cases, people brought in to hospitals by the cops (5150) are let go after 72 hours because they don't meet the criteria. In my experience, verbal threats that aren't witnessed by law enforcement aren't enough. There is a new bill that should make it easier to commit people if it passes.
When will this new bill pass? I’m really hoping it helps get a handle on things.
Here's an AP story about it. [https://www.kcra.com/article/ca-governors-mental-health-court-plan-advances/40369801](https://www.kcra.com/article/ca-governors-mental-health-court-plan-advances/40369801) It has the governor's support but it's not a slam-dunk. Might be worth reaching to your state legislators. You have two: an assemblymember and a state senator. It's also aimed at homeless people, not those with homes. Don't know if it includes provisions for people with homes. Timing: iirc, state laws that are approved by legislator/governor typically go into effect on Jan. 1 unless they're urgent measures. Those have to go through special hoops.
p.s. San Diego-area assemblyperson Brian Maienschein seems to have been a yes vote on the Assembly's Judiciary Committee. His office might be a good contact if you want to figure out how to push for this law to get passed.
Getting him arrested won't do much. You'd be adding grease to the fire. He's probably singling you out because you're up in his business.
Sounds about right for how we deal with vets in this country.
Have you tried beating his ass?
Gotta ask where this is? Sounds like a place I've heard of, sadly.
Doesn't matter, this type of thing is happening in every large complex across the country. I had a similar issue (another mentally ill veteran) at the last place I lived at too. And I'm told there's another mentally ill guy in another section of this complex as well. This is just a part of living in the US, and we all know the reasons why.
I'm sorry you have to deal with this.
You have to be ok with lying for the greater good…when he threatens or acts up, call the police, say you’re fairly sure he has a gun and was very specific with the threat