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Subject: Quiet enjoyment clause
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Author Messages
JohnH38
(South Carolina)

Posts:54


07/11/2018 2:28 PM  
Hey there:

In my HOA the CC&Rs have the quiet enjoyment clause. One owner repeatedly insults some strollers and had been the object of several police report.

When the BOD and PMC is notified, the answer is always it is a neighbor to neighbor issue and does not take any action.

Is an owner justified to file a lawsuit against a board member based on that clause, or else what means the "quiet enjoyment" clause if the BOD refuses to enforce it.

Thanks,

John

Murrells Inlet, SC
JanetB2
(Colorado)

Posts:4108


07/11/2018 2:36 PM  
You could potentially sue the neighbor; however, a vague clause of that nature is very difficult to win a lawsuit. I myself recommend that HOA’s not get involved in neighbor to neighbor disputes. The reason is because many times it is always he said / she said scenarios and sorry to say usually cannot be proved. Police are the best avenue in these situations.
JanetB2
(Colorado)

Posts:4108


07/11/2018 2:37 PM  
And if you want to know if can file a lawsuit ... you will need to hire an attorney.
KerryL1
(California)

Posts:5389


07/11/2018 2:44 PM  
I think it's possible, JohnH, that if you can get several of these "strollers" plus you to sign a letter or "petition" requesting the board enforce the "quiet enjoyment" clause maybe that'll help.
If there are any audio recordings of his rants, use them too.

Send your written request certified mail to the PM and to each member of the board, return receipt requested. Be sure to cites the exact words of the quiet enjoyment clauses and also of your nuisance clause, which many CC&Rs have.

IMO, if several people are affected by this person, it's not a simple neighbor-to-neighbor dispute, it's a community issue.

I doubt you'd have any chance in court, but keep calling the police
AugustinD


Posts:1045


07/11/2018 5:59 PM  
John, what do your governing documents say about who has the power to enforce the covenants? If you as a member has the power, then consider doing as Kerry says and also pursuing action jointly with other members. The best route might be to seek a (civil) restraining order or injunctive relief against the guy.

Nationwide the reports I read, when only words are involved, are that the police will deem this a HOA issue. The police response typically is to tell the member to seek action through their HOA's covenants and a civil (not criminal) lawsuit.

Are this person's remarks hostile on the basis of race, sex, religion, disability, or any of the other protected classes? If so, then you have a different and stronger case.

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