Legal Question in Real Estate Law in Arizona

Privacy violated by neighbor taking photos over backyard wall

Question:

On Friday, 01.25.2008, my Husband and I came home from the hospital to a note from our HOA. Enclosed was an 8x10 black and white photo of Bacon, our 4 year old Vietnamese Pot Bellied Pig, along with a demand letter from the HOA that we remove him ''immediately''. The Photo was clearly taken from the vantage point of our neighbor's yard, into our yard. The Town of Gilbert recognizes Pot Bellied Pigs as domestic exotic animals, and so he can stay. The ''woman'' next door has DEVISDATED my youngest child, us as parents, as well. The past few days since receiving this letter and photo, when the occupants of the house next door see my youngest child out front playing, they point at her and laugh at her. This is NOT the first form of harassment from this neighbor. Her home is currently for sale, and this is NOT the first harassment from this neighbor since her home has been listed with real estate council, if you will. Clearly, our Right to Peaceful Enjoyment has been violated. Please! , is there someone that can help us? Could damages, if any, suffice retainer? We don't want that woman's money. I have marked this as Real Estate, but wonder if it falls under Civil Rights violation? Thank you, in advance.


Asked on 1/29/08, 11:55 am

1 Answer from Attorneys
James Jenkins Jenkins Law Center PLC

Re: Privacy violated by neighbor taking photos over backyard wall

You state: "The Town of Gilbert recognizes Pot Bellied Pigs as domestic exotic animals, and so he can stay."

I am betting that your HOA CC&R's do not allow pigs, so the fact that they are classified as domestic exotic animals by the city may be irrelevant.

In many subdivisions there are restrictions which are recorded with the land so that all purchasers are on notice of the rules. Developers who design these restrictions do so for the reason that it will allow purchasers to rely upon a certain atmosphere of the subdivision, for the protection of property values. Check your specific CC&Rs for your subdivision. I am betting that pigs are not allowed. Pot bellied pigs are miniature pigs, but are still pigs. If you did not read the rules before you moved into your home or purchased your pet you may have a problem.

Consult with an attorney and show him or her the CC&Rs of your subdivision, or any other rules of the HOA which are applicable.

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Answered on 1/30/08, 10:53 am


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