THIS IS A KINDA COMPLEX ISSUE I SUPPOSE. THE COVENANT STATES QUIET HRS FROM 11 TO 6 I THINK MAY BE 11 TO 7, THIS AND THE OTHER POLICE VISIT WAS IN THE MIDDLE OF THE DAY. THERE IS NO DB LIMITS STATED ETC AND THE POLICE VISIT THE OFFICER SAID HE COULDN'T EVEN HEAR THE MUSIC UNTIL HE WALKED UP TO MY OPEN FRONT DOOR. I AM NOT DOING ANYTHING LEGALLY WRONG OF THAT I AM SURE. OUR HOA PRESIDENT AND TREASURER ARE GOOD FRIENDS WITH THIS NEIGHBOR WHO HAS BEEN A PROBLEM SINCE THE DAY I MOVED IN. I DID APPROACH THE HOA PRESIDENT TODAY WHO SAID HE WOULD LOOK INTO IT. HOWEVER, I AM AT MY WITS END. SHE HERSELF VIOLATED RULES ABOUT DOGS AND LEASHES AND COMMON AREAS WHICH I HAVE NEVER ADDRESSED BECAUSE ITS TOO EXHAUSTING AND TRUELY I DON'T CARE IF HER DOG COMES TO VISIT. I JUST REALLY NEED TO KNOW HOW TO PROCEED AS FAR AS GETTING THE MANAGEMENT COMPANY TO STOP CONTACTING ME AND/OR FINING ME ABOUT HER COMPLAINTS UNLESS THERE ARE VALID POLICE REPORTS TO ACCOMPANY THEM...WHICH THEY HAVE NEVER SAID MUCH MORE THAN PLEASE JUST DON'T INTERACT WITH HER, WHICH I DON'T.
Country relating to Question: United States
You're right -- it's a complex issue. Ultimately, you would have to sue the HOA for breach of covenant/selective enforcement, and /or sue the neighbor for defamation of character.You may want to contact local counsel and have a letter drafted to the HOA and to the neighbor, basically stating that unless this harassment ceases, you will have no alternative other than to take appropriate legal action. In some states, where another person engages in a pattern of harassing conduct, the conduct can rise to the level of a stalking crime. But, you will need some pretty credible evidence, before the police/sheriff will take the complaint seriously. So, unless the neighbor really gets abusive (yelling, pushing, stomping your plants, littering in your yard, etc.), this will remain a civil action and your only recourse will be a civil suit.For a civil litigation attorney referral in your locale, see this link. Hope this helps. NOTICE: My goal here is to entertain while educating the public about the law. I hope my answer is useful and informative to you. During our conversation, the website may ask you to rate my answer. If you rate my answer lower than the middle rating, then the website retains your entire payment, and I receive nothing. It is entirely your choice as to how you rate my answer. However, because your payment to me is in the nature of a donation/gift, rather than as compensation for any services rendered, you are entitled to know how your rating affects the final distribution of your donation. If you need to contact me again, please put my user id at the beginning of your question ("To Socrateaser"), and the system will send me an alert. Please Click the following link for IMPORTANT LEGAL INFORMATION. Thanks and best wishes!
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