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Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Real Estate Law
Satisfied Customers: 85891
Experience:  Licensed attorney practicing landlord-tenant, land use and other real estate law and litigation.
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I have a neighbor that sues me or threatens to sue me as a

Customer Question

I have a neighbor that sues me or threatens to sue me as a way of bullying me to get her way to agree to change the homeowner association rules and regs. She just passed the bar and is abusing her power what can I do? I cannot take off work for every lawsuit and since we are both board members of a small association I can't get away from her
Submitted: 10 months ago.
Category: Real Estate Law
Expert:  Law Educator, Esq. replied 10 months ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking.

If she is filing frivolous law suits, you can file a complaint with the state bar and with the court for her doing so. Also, if she is continually filing suits or making threats you can sue her for harassment and seek to get a court order declaring her a vexatious litigant, which would mean she could no longer sue without court permission. In order to prove this, you would have to present the suits she has filed to show they were baseless and without merit.


Furthermore, she has no business to come to your house or onto your property even on board business if you notify her to not come onto your property and if she keeps doing so then you can sue her for trespassing and get an injunction to force her to communicate with you on any board business by email or at a board meeting.

These neighborhood associations are bad and we as attorneys tend to tell people thinking of buying in one to run away because of situations like this, because the laws let associations run their own business and it only takes one jerk in the neighborhood or on the board to create havoc and make everyone's life miserable.



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Law Educator, Esq., Lawyer
Category: Real Estate Law
Satisfied Customers: 85891
Experience: Licensed attorney practicing landlord-tenant, land use and other real estate law and litigation.
Law Educator, Esq. and other Real Estate Law Specialists are ready to help you
Customer: replied 10 months ago.
We have told her to do so but she continually ignores the rules if they do not apply. We tried to get her to leave us alone and the judge declared it legal harassment. He dismissed the order
Expert:  Law Educator, Esq. replied 10 months ago.
Thank you for your response.

I am presuming that the judge called what she is doing legal harassment, which is all the more grounds for you to sue her for harassment and ask the court to declare her a vexatious litigant. Furthermore, if you have told her to stay off your property, then any time she comes onto your property call the police on her and have her charged with trespassing.
Law Educator, Esq., Lawyer
Category: Real Estate Law
Satisfied Customers: 85891
Experience: Licensed attorney practicing landlord-tenant, land use and other real estate law and litigation.
Law Educator, Esq. and other Real Estate Law Specialists are ready to help you
Customer: replied 10 months ago.
Unfotunatelty, it's a condo and most of the areas are considered common ground is there an area that she is not allowed or this would apply to? She is very persistent and actually waits till we get home to come yell at us sends daily letters and emails it is non stop communication calling us and our contractors names and telling us we are stupid and we know nothing. The judge felt she was inher right and even showing the notebooks of letters and notes did not want to view them. It's almost stocking us
Thank you
Expert:  Law Educator, Esq. replied 10 months ago.
Thank you for your additional information. I am afraid it is not trespassing if she is on common property, but it is trespassing if she comes onto your property. The yelling can be considered harassment, unfortunately if the letters and emails are association business, they would not be. Condo and Homeowners associations are just a bad situation because the laws allow them to run themselves and the law does not get overly involved with them and the only other thing you can do is seek to get her voted off of the board if the judge will not intervene.

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