Legal Question in Real Estate Law in California

Can a townhome owner take legal action against the Homeowners Association, if he is unable to sell his home because his neighbor is noisy?


Asked on 1/27/11, 3:50 pm

1 Answer from Attorneys
Bryan Whipple Bryan R. R. Whipple, Attorney at Law

Technically, yes. However, I think most lawyers would tell you that such a lawsuit should probably be directed against the noisy neighbor (for private nuisance) with the HOA added as a co-defendant, perhaps with a claim based on negligent management practices or something of that nature. See a local real-estate attorney to inquire about your chances of prevailing.

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Answered on 2/08/11, 1:58 pm


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