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LawTalk
LawTalk, Attorney
Category: Real Estate Law
Satisfied Customers: 35406
Experience:  I have 30 years legal experience. Additionally, in CA I held a Real Estate Broker's license.
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I have a property that has CC&Rs attached, but no HOA. 1 of

Customer Question

I have a property that has CC&Rs attached, but no HOA. 1 of the new neighbors is violating the CC&Rs by running a commercial kennel on their property. I have sent them a kindly worded letter, which they have ignored. If I choose to try to enforce the CC&Rs, what court would I need to use; e.g., justice court or superior court? They are housing 20-30 beagles on their property & those dogs howl all day long (seriously). Thank you
Submitted: 9 months ago.
Category: Real Estate Law
Expert:  LawTalk replied 9 months ago.

Good afternoon Karen,

I'm Doug, and I'm very sorry to hear of your situation. My goal is to provide you with excellent service today.

When there is no HOA but there are CC&R's relating to the properties in your area, then you would need to personally sue the other neighbor to enforce the restrictions against the operation of the kennel.

You would want to file the lawsuit on Superior court and sue for both enforcement of the Restrictions but also for private Nuisance as well. With Private Nuisance you could ask for money damages for the interference with your life due to the annoyance and discomfort while the kennel has been in operation. You may ask for money damages to compensate you for the loss of your peaceful occupation and enjoyment of your property all this time.

You may reply back to me using the Reply link and I will be happy to continue to assist you until I am able to address your concerns, to your satisfaction.

Please be so kind as to rate my service to you. That is the only way I am credited for assisting you.

I wish you and yours the best in 2016,

Doug

Expert:  LawTalk replied 9 months ago.

Good afternoon,

Do you have any additional questions that you would like me to address for you? In case you would like a phone call to further discuss these issues you have raised, I will make that offer to you. You are certainly not obligated to accept a call offer, but many people do find it helpful for clarification purposes, as well as to allow them to ask additional questions.

If I have provided you with the information you were seeking, would you please now rate my service to you?

Thanks in advance,

Doug