Real Estate Law
Have Real Estate Law Questions? Ask a Real Estate Lawyer.
Hi - my name is ***** ***** I'll be glad to assist.
You can sue the neighbor for a private nuisance and ask the judge for a permanent injunction to stop them from continuing this activity.
Basically, a private nuisance is when a neighbor or someone takes action that affects your ability to use and enjoy your property.
That would be a matter of local ordinance and fire code issues. You could report this issue to the appropriate local agencies (local zoning/code enforcement office) and have them take action with that.
Please let me know if you have any additional questions. Also, please take time to positively rate our conversation so I may receive credit for assisting. Thanks again!
You can ask the HOA to address and rectify the CC&R violations, but if the association will not take action to enforce its rules and stop the neighbor, your only option would be to pursue the neighbor and the HOA in court.
Your CC&R's should outline how file a dispute with the HOA board, and you'd need to follow that protocol.
Certainly asking the HOA to step in and stop the violations is a viable option, but if you get no results or no support, then filing suit for a private nuisance, for a permanent injunction and for an order for specific performance to require the HOA to follow its rules, would be the next option.