I live in an Illinois condo association that also has rental units. A new rental tenant with four kids – a twelve-, eight-, four-, and two-year-old – recently moved in. This tenant is month-to-month renter (a bank owns the property, but is not making assessment payments, so they let the HOA rent out the unit on a month-to-month basis.)The parents don't seem to be able to keep the kids from running, jumping, and stomping in their rental unit, which goes on just about all day long.
I initially spoke with the parents and they said they would take care of the problem, but they have not and the situation has worsened. I then spoke with the HOA president and also the condo association manager about the matter. It was decided that a meeting should be held with the renter to go over the condo rules and regulations to ensure they were aware of the noise provisions rule. In an effort to prevent continued violation of the condo noise provisions rule, a first floor unit was even offered, but the tenant refused stating that they didn’t want to move and that they wanted to stay in their current unit.
I informed the HOA president and condo association manager that the tenants are continuing to cause a disturbance and affect our quality of life. I was asked by the mother at one point – what do we expect from kids? – and was then told I had to get used to it. They can’t have it both ways at our expense, and am under the assumption that this puts them in direct violation of the condo rules and regulations, especially since they had refused the offer to relocate to a first floor unit.
The HOA president and condo association manager said the matter was referred to our condo association lawyer, who was to send a notice for "breach of contract" to the rental tenant by a special server. I contacted the office a few days later to get an update and they stated the server came but the tenants were not at home. What is the procedure for a special server to serve notices to a particular person? Do they have to serve the person face-to-face? Do they use certified or registered mail to serve? How often and how long does it take to serve a particular person? Can I request copies of any correspondence on this matter? I'm thinking of moving, but thought I'd get some more knowledgeable views on this. Does anyone have experience with or insight into a matter like this? Any thoughts and/or opinions would be greatly appreciated.