Legal Question in Landlord & Tenant Law in California
quarreling neighbors dragging us in
We have lived in the same condo for about 18 yrs. Our
neighbor across the hall, who has lived here for about as many
years, plays the piano and sings. There are four units in our
area of the building, and none of us minds when he plays the
piano. Indeed, we are all tolerant of each other and have lived
in peace since we first moved in. However, a new owner moved
in to the unit above our musical neighbor, and he complains
incessantly when he plays his piano. Our homeowner's assoc.
set limits on the times when our musical neighbor can play, but
this is not enough for our new neighbor, who is now harassing
the rest of us into turning against the piano player. He says
that we are all liable for not stopping him from playing and that
he will sue all of us through our homeowner's association.
Can he sue us for this, and if so, can we counter-sue him for
harassing us in this manner, when for years we have lived in
peace and he is attempting to drag us into his dispute?
2 Answers from Attorneys
Re: quarreling neighbors dragging us in
Your HOA has the responsibility of enforcing the restrictive covenants of the community and therefore has standing to sue a homeowner for violating the restrictive covenant. If the playing of the piano in some way violates the covenants of the community then the HOA board should intervene and enforce the covenant. However, if the HOA fails to enforce the governing documents of the community then an individual homeowner can bring an enforcement action against the individual owner breaching the covenant and the HOA, unless the declaration states otherwise. I am not aware of a legal theory where individual members of a HOA would be liable for failing to enforce the covenants of the community.
Feel Free to contact me if you would like to pursue this matter.
Good Luck!
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Re: quarreling neighbors dragging us in
Mr. McClure has given an excellent, and comprehensive answer, which I will reinforce.
Always be aware that anybody can sue anyone for anything. That doesn't mean they can win.
You have already seen the problems of HOA's....not everyone can be in agreement, and some are excessively a pain in the behind to their neighbors.
Since the HOA has already set limits, your new neighbor can either get earplugs or sell his condo.
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