Legal Question in Landlord & Tenant Law in California

What do I do about a bad neighbor?

I own a condo, My neighbors upstairs rents, we have a tandem garage. There are too many people occupying the space (3 adults, 4 children on a regular basis and others that stay on and off in 847 sq. ft. 1 bed/1 bath w/loft), they're extremely noisy, dirty and may be dealing drugs. One of the occupants' mother is the owner. The HOA is unable to do much but fine them, the mother pays the fines to keep them as far away from her as possible. I know one of the occupants is dealing drugs, but can't prove it, they do damage to my car, but I can't prove it. I've contacted the HOA on several occasions and the police and there's nothing they're able to do. What can I do?


Asked on 9/06/05, 12:15 am

1 Answer from Attorneys
Carl Starrett Law Offices of Carl H. Starrett II

Re: What do I do about a bad neighbor?

There's plenty more the HOA can do. An HOA can file a superior court lawsuit to enforce the CC&Rs against the owner and tenants. The can get restraining order prohibiting the violations and the owner and tenants can be held in contempt of court of they do not obey. Contempt of court is punishable by fines and jail time.

Contact a local real estate attorney and have him/her write letter to the HOA demanding that they fulfill their duty to enforce the CC&Rs. If they don't, you might be able to sue and possibly get your attorney's fees back.

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Answered on 9/06/05, 12:56 am


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