Legal Question in Landlord & Tenant Law in Georgia

I am a home owner in a senior citizen community. My neighbor is a renter and for the last two years had played her music so loud that I cannot sleep or work from home. I called the police several times and they said the HOA should take care of this. The HOA says it is out of their hands because she is a renter. What can I do?


Asked on 9/04/11, 4:36 pm

3 Answers from Attorneys

Cyrus Malekabadi Law Offices of Cyrus K. Malekabadi

Looks like it is time to sue your HOA (for failing to enforce the covenants) and the renter/owner of the unit in question (for nuisance). Contact my office and we can get started.

404-522-0341

Good luck.

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Answered on 9/04/11, 6:47 pm
Scott Riddle Law Office of Scott B. Riddle, LLC

It is not likely time to sue anyone or pay a lawyer. You need to review your HOA covenants and by-laws to see if there are any provisions that cover the situation. It is the unusual HOA that will not enforce any covenants merely because a renter is in the property. Ask the HOA to explain the basis for their position, in the documents. Have you asked the person to turn down the music? That was the first step. The next step might be to contact the owner of the property if you know, or can find out, who it is. If none of that works, you can consider seeing a reputable lawyer in your area who can review the HOA documents and try to resolve it with a call or letter or two, rather than expensive litigation.

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Answered on 9/04/11, 8:02 pm
Cyrus Malekabadi Law Offices of Cyrus K. Malekabadi

The HOA covenants 100% have a clause that restrict nuisance. I know because I've reviewed 100's of these "covenants" written by the garbage lawyers such as Weissman, Nowack, Curry & Wilco et all. I don't even need to review the covenants to know that such situation is covered. Why? Because I specialize in this type of toilet law.

Of course I would attempt to resolve the situation without litigation. However, in my experience, a call or a letter or two rarely solves the problem.

Feel free to contact my office so we can resolve this matter.

404-522-0341.

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Answered on 9/04/11, 10:17 pm


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