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.
I hope you found my answer helpful, and if so please click on the ACCEPT
button. This is the only way for me to get credit for my work; I receive no credit for my time with you until you actually press ACCEPT
, even if you already have a subscription
. If you still need to clarify something or seek more information, just use the REPLY
button and I’d be more than happy to follow up to your satisfaction! There is no fee for follow up questions before or after accepting, should you wish to continue in the thread, and I encourage you to do so
should you desire clarification.