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Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Real Estate Law
Satisfied Customers: 117460
Experience:  Licensed attorney practicing landlord-tenant, land use and other real estate law and litigation.
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My homeowners by-laws state "no structure can be built in

Customer Question

My homeowners by-laws state "no structure can be built in your yard". My neighbor has built what they call a clubhouse on the side of their house. I call it a shed. This structure is clearly visible from my family room window and from my back deck and yard. I complained to HOA 2 years ago and they agreed it was in violation of the by-laws. It was sent to the management Co and in Nov. Of last year allegedly a summons was sent to my neighbor. I inquired in May of this year and now they say a court date has been scheduled for Jan 2017. This will make it 3 years where I have complained and have suffered undue stress and embarrassment when we have guests who question what is that shack. What can I do about the lack of response
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  Law Educator, Esq. replied 1 year ago.

Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.

If the court case has been scheduled for January 2017, that means some response was given, they have sued the owner for removal of the shed and now the timing is at the mercy of the court. You did what you had a right to do, file a complaint for violation of the bylaws. The association did what they had to do since evidently the neighbor refused to remove it, they filed suit. So now everyone has to wait for the court to decide and legally there is nothing you can do to speed that up, it is all up to the court as to scheduling their cases.

This is a property and breach of contract claim, it is in court, so by law everything was done that the association had an obligation to do to enforce those bylaws.