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Ely, Counselor at Law
Category: Real Estate Law
Satisfied Customers: 102584
Experience:  Qualified attorney in private practice including business, family, criminal, and real estate issues.
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Can I sue them for not enforcing pool rules and regulations

Resolved Question:

Can I sue them for not enforcing pool rules and regulations? Or perhaps inability to use the pool due to excessive disturbances and threats?
Submitted: 6 years ago.
Category: Real Estate Law
Expert:  Ely replied 6 years ago.
Hello and thank you for requesting me.

You cannot sue them for not enforcing pool rules and regulations, I am afraid, for these are private rules and the HOA can decide whether or not to enforce them. This would be a very weak case.

Nor could you sue the HOA or the loud users for inability to use the pool, I am afraid. You see, to sue someone, you need a cause of action - "nuisance" and "tortuous interference with business" was two that we discussed. "Breach of contract" and "fraud" are other examples. There are many. However, none fit under these circumstances, I am afraid. I am sorry. The best method is to have the renter file a criminal (loud) or civil (nuisance) complaint against them, that would deter them from further going to the pool and being loud, hopefully.

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