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Andrea, Esq.
Andrea, Esq., Lawyer
Category: Real Estate Law
Satisfied Customers: 11624
Experience:  I have practiced law for 25 yrs. with an emphasis on real estate, business law, criminal defense and family law.
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I live in an HOA, have just this year done in home daycare.

Resolved Question:

I live in an HOA, have just this year done in home daycare. my lot is huge 1/2 acre, and there is quite a distance to the fence, the lady behind me has claimed I am a nuisance. All my neighbors are behind me. This lady has on numerous times left notes in my mailbox, stood on something and yelled at us over the fence if we are doing something she does not like. I feel she is harassing me. Why move into a family neighborhood if you don't like kids. I am allowed an home business as long as it is not a nuisance. There are other daycares and hospice in the development. Can I fight her? If I can get my neighbors to sign an petition or letters, will that be enough? Can ONE person control so much? I will hire a lawyer if I need to, I don't want to stop my business. It was 8am when the kids were outside (4 kids), I have since kept them in till 9am or later.
Thank you
Submitted: 10 months ago.
Category: Real Estate Law
Expert:  Andrea, Esq. replied 10 months ago.

Hi, Dawn, my name is XXXXX XXXXX I will be glad to assist you,

 

I am sorry that you have such an obtuse neighbor. She has no right to harass you or to prevent you from conducting your business for which you have permission from the HOA Board to conduct. I am surprised that the Board has not done anything about her harassing behavior towards you. You can get a Petition signed by your other neighbors and you can also file a lawsuit in Small Claims Court, asking the Court to issue an injunction, enjoining her from continuing her harassing conduct towards you. Bringing an action in Small Claims Court will not cost you an legal fees, just the nominal Court filing fees because you do not need a lawyer in Small Claims Court. An injunction is a Court Order which, if violated, she can be held in Contempt of Court and be subjected to a fine and in certain extreme instances, even jail time,

 

 

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Thank you for allowing me the opportunity to assist you,

 

ANDREA

 

Andrea, Esq., Lawyer
Category: Real Estate Law
Satisfied Customers: 11624
Experience: I have practiced law for 25 yrs. with an emphasis on real estate, business law, criminal defense and family law.
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