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P. Simmons
P. Simmons, Lawyer
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Experience:  12+ yrs. of experience including real estate law.
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I live in an HOA community that allows 2 horses per acre and

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I live in an HOA community that allows 2 horses per acre and my neighbor has four on one acre. The smell and flies is horrible. The stalls aren't cleaned.The HOA is stalling and won't follow procedure-30 days notice followed by 30 days to correct and then fine. What can I do? The county rules are different than my community, however the county is investigating the cleanliness. The HOA should do this as well. Can I go after the HOA for non enforcement?
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  P. Simmons replied 1 year ago.
Thanks for the chance to help. I am an attorney with over 12 years experience. Hopefully I can help you with your legal question.

You can "go after" the HOA for not following their rules. You absolutely can do this.

An HOA is a legal entity that is required to follow its rules/by laws.

If they are refusing to follow the rules for this one particular person? You can file a lawsuit and ask the judge to order they follow their rules

You will need to have a local attorney who can prepare and present the case to the court...but what you describe it sounds like you have a good case



Please let me know if you have more questions...happy to assist if I can
Customer: replied 1 year ago.


Thank you. The home is occupied by renters. Are the owners ultimately responsible? Can I go after the owners and the HOA separately?

Expert:  P. Simmons replied 1 year ago.
The owners are ultimately responsible, since they are the owner (and members of the HOA).

And you could go after the owner as well, IF it is impacting you personally. You would have to prove that the renters are violating the rules AND they are impacting you. The way you would do this would be as a "nuisance" case. Nuisance law is the law that allows you to file a claim against a homeowner when their conduct (or the conduct of their tenants) is impacting your ability to enjoy your property.

But you can focus just on the HOA as well, since they have a duty to follow their rules.

Customer: replied 1 year ago.

Are horse trailers considered commercial vehicles? We are not allowed to have commercial vehicles parked on our property. In a residential equestrian zoned community (Acton, CA) are horse trailers allowed to be parked in dirt in the backyard? Our HOA doesn't allow parking other than garages, driveways or designated parking areas. Is it out of compliance for residents to park such vehicles in dirt in their backyards?

Expert:  P. Simmons replied 1 year ago.
That depends on your HOA rules. If they define a commercial vehicle as a trailer? Then perhaps. IF they do not define what a commercial vehicle is? That becomes more complex. If you look at the CA Commercial Vehicle Registration Act it defines commercial vehicles as "Most trailers are registered with a Permanent Trailer Identification (PTI) plate"

SO if this horse trailer has a PTI plate? Under CA law it is considered a commercial vehicle

P. Simmons, Lawyer
Category: Real Estate Law
Satisfied Customers: 27172
Experience: 12+ yrs. of experience including real estate law.
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