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Attyadvisor
Attyadvisor, Attorney
Category: Real Estate Law
Satisfied Customers: 3800
Experience:  25 years of experience in general practice, real estate law and estate law.
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I live next door to the HOA president in my neighborhood. My

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I live next door to the HOA president in my neighborhood. My husband recently moved out and suddenly he (the HOA president) had the tree in my back yard hacked up (occurred 6/27/13). No other trees in the neighborhood were cut, even the ones hanging into the street that scrape up against cars driving through the neighborhood. It seems as though he just wanted to be able to see into my back yard. He never consulted me about cutting it. Now, he's been complaining about my dogs. Today, a police officer showed up at my house because an HOA member, not my neighbor, but someone who lives nowhere near me, complained that there's too much poop in my backyard. The police officer couldn't find a problem and was confused as to why he was called out and said he'd reflect that in his report. I feel like I'm being harassed. It's causing immense emotional distress; I feel like I'm not safe here. He made it so I have no privacy in my yard; and he is now going after my dogs and having other HOA members call the police on me. I have never received a formal complaint from the HOA for anything. My question is what legal recourse do I have, if any?
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  Attyadvisor replied 1 year ago.
Welcome and thank you for your question. I am an Arizona licensed Attorney and it will be my pleasure to assist you.

Is this a condominium or a single family home?
Customer: replied 1 year ago.
It's a town home
Expert:  Attyadvisor replied 1 year ago.

Do you own the land? There are townhouses that condominiums and townhouses that are fee simple where you own the land.

Customer: replied 1 year ago.
My landlord owns the land. She's a friend of mine who lives out of state. There's no lease or anything. I've lived here for a year and a half.
Expert:  Attyadvisor replied 1 year ago.
The President had a tree removed from your landlord's property? The tree is considered the private property of the owner. Have you informed the owner? The owner has a cause of action against the President of the HOA.

You may need to get a restraining order against this man.
Customer: replied 1 year ago.
He didn't remove it. He just cut all the parts that made it hard to see into my backyard, which may not even be that big of a deal if he'd done it to everyone else, but no one else's tree was touched and some are hanging into the road where people drive. I did tell the landlord. He's called her, too complaining about my dogs saying they bark all day. They do not bark and no one else has ever complained. I've never received any letters from the HOA, neither has the owner of the home. It really bothers me that he didn't want his name on the police report even though it's very clear he was behind having them sent out. Should I go to the police station and file a harassment charge against him? Does this situation seem worthy of legal action (ie: law suit - emotional distress and defamation of character- claiming I don't care for my pets properly)
Expert:  Attyadvisor replied 1 year ago.

The tree is private property and he had no right to cut anything. Is the landlord willing to take action against him for property damage?

It really bothers me that he didn't want his name on the police report even though it's very clear he was behind having them sent out.

It really bothers me too that untruthful accusations are being made against you. I am concerned that you may need more proof to get the police to assist you. For defamation of character you need damages, such as the HOA fining you for violations. If it gets to the point and the HOA takes action against you based on this information you would have grounds for harassment.

I understand that this is extremely stressful and I have no doubt that he is targeting you.

If you catch him the act or get any neighbors to admit that he is behind the complaints you should absolutely file a complaint against him.

Attyadvisor, Attorney
Category: Real Estate Law
Satisfied Customers: 3800
Experience: 25 years of experience in general practice, real estate law and estate law.
Attyadvisor and 10 other Real Estate Law Specialists are ready to help you
Expert:  Attyadvisor replied 1 year ago.
Thank you. Please feel free to return to this question at anytime with any follow up questions that you may have for me.

Thank you for using JA!

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Attyadvisor
Attyadvisor
Real Estate Lawyer
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25 years of experience in general practice, real estate law and estate law.