Legal Question in Real Estate Law in California
I own a rental condominium unit on the second floor of a 4-story condominium building. My tenants complain that the owner's girl friend in the unit above my unit makes so much noise and let bathroom water run whole night that they cannot sleep.
I complained to the HOA that based on the CC&R, they should ask the owner upstairs to ask his girl friend to stop creating Nuisance for my tenants. The HOA says that it is none of their business and they will not interfere.
The owner's girl friend has already caused two massive water damage incidents to my unit, one costing me over $45,000 and the second one costing over $30,000. My tenants have told me that if the Nuisance does not stop, they will vacate my unit.
How can I put an end to this continuing Nuisance? Thank you very much for your guidance.
2 Answers from Attorneys
If she has cost you 75,000 already, I am surprised you have not used her yet. You have some options if you would like to give my office a call for a free consultation.
Best,
Daniel Bakondi, Esq. [email protected] 415-450-0424
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You have two options. If the CC&R's have provisions that the upstairs neighbors are violating, you have a right to sued the HOA for failure to enforce the CC&R's. If you cannot identify a speicfic provision of the CC&Rs;that they are violating, or if you just want to take the direct route, you can sue them directly for nusiance. As Mr. Bakondi noted, if they have already cost you $75,000.00, you also have a property damage claim you should have sued them for when it happened.
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