Get 2 months of free community web site hosting from Community123.com!
Sunday, December 08, 2019
Get 2 months of free community web site hosting from Community123.com!
Only members have access to all features.
Click here to join HOATalk for Free! Members click here to login and access all features.
Subject: CC&R but no HOA
Prev Next
Please login to post a reply (click Member Login on the menu).
Author Messages
DavidD30
(California)

Posts:1


08/12/2019 12:41 PM  
Hello everyone, my family is dealing with a several issues with a tenant renting the house next to ours for over a year now. Without going into the granular detail I'm looking for advice on one big issue.

The tenant next to us own a large boat in which they park on the street side where our homes border. At the same time, the put up a basketball court across the street from where my family pulls out of our driveway.

This creates a safety and traffic issue for us and the neighborhood. For my family, we can't see the ongoing traffic as we are backing out. It is a huge potential liability because we don't want to accidentally hit their boat, a moving car or a kid playing.

I contacted city code enforcement and they say there's nothing they can do because the boat can park for 72 hours before requiring to move. My neighbor knows this so he just moves the boat every 72 hours to a different spot on the street and shortly move it back. It gets worse on the weekends because a group of 4-5 visitors would come and occupy our neighborhood's street parking.

There is no HOA in our community. I called the owner renting to the tenants next to us and she was unsympathetic and called me petty while she is not having to deal with the issues and pockets the rental income.

I was wondering if there is any legal basic I can take this case to civil court to get the boat off our street. Any advice is greatly appreciated. The specific section of our CC&R is below.


“Vehicles. No Owner shall park, store or keep any large commercial truck or other
commercial vehicle anywhere within the Subdivision. Recreational vehicles such as
campers, trailers, motorhomes and boats may be kept in garages or screened from view
behind fencing in a side or rear yard area. No inoperable vehicle may be kept anywhere
on the Subdivision except in an enclosed building. Automobile repairs shall not be
conducted within the Subdivision except entirely within a garage. Under no
circumstances shall such vehicle repair be permitted on any street or driveway within the
Subdivision, except in the event of an emergency.”
SheliaH
(Indiana)

Posts:2763


08/12/2019 12:47 PM  
CCRs can be enforced by one homeowner against another, whether there's an HOA or not, so if you want to take this person to court, go ahead. There's no guarantee you'd win, so you might want to double-check to ensure there isn't a HOA who can assist you. Otherwise, you'll probably have to do some monitoring of the area to get photos of the boat (time and date stamped), photos of the street to demonstrate the problem, etc.
MelissaP1
(Alabama)

Posts:8762


08/12/2019 3:40 PM  
You have to hold the homeowner's feet to the ground. The tenant isn't a member. Their rental agreement most likely doesn't make them responsible for adhering to the HOA's/CC&R's rules. The owner's feet are tied to the CC&R's.


Former HOA President
RichardP13


Posts:0


08/12/2019 5:23 PM  
So a court might rule against a homeowner for a homeowner because of a set of CCRs of no HOA. I want a front row seat to this.
LetA
(Nevada)

Posts:837


08/12/2019 11:30 PM  
What I would do is set up video surveillance complete with time and date stamp, keep meticulous records and file a complaint with code enforcement, be a thorn in their backside if this guy continues to be a nuisance.
Please login to post a reply (click Member Login on the menu).



Get 2 months of free community web site hosting from Community123.com!



News Articles Provided by: Community Associations Network
News, articles and blogs about condos/HOA's

Only members have access to all features.
Click here to join HOATalk for Free! Members click here to login and access all features.







General Legal Notice:  The content of forum messages are from the posting member and have not been reviewed nor endorsed by HOATalk.com.  Messages posted by HOATalk or other members are for informational purposes only, are not legal or professional advice and do not constitute an attorney-client relationship.  Readers should not act upon this information without seeking professional counsel.  HOATalk is not a licensed attorney, CPA, tax advisor, financial advisor or any other licensed professional.  HOATalk accepts ads from sponsors but does not verify sponsor qualifications nor endorse/guarantee any sponsor's product or service.
HindmanSanchez Legal Notice:  (For messages posted by HindmanSanchez) This message has been prepared by HindmanSanchez for informational purposes only and does not constitute legal advice. This information is not intended to create, and receipt of it does not constitute an attorney-client relationship. Members of HOATalk.com should not act on this information without seeking professional counsel. Please do not send us confidential information unless you speak with one of our attorneys and get authorization to send that information to us. If you wish to initiate possible representation, please contact an attorney in our firm. Our attorneys are licensed to practice law in the state of Colorado only.

Legal Notice For Messages Posted by Sponsoring Attorneys: This message has been prepared by the sponsoring attorney for informational purposes only and does not constitute legal advice. This information is not intended to create, and receipt of it does not constitute an attorney-client relationship. Readers of HOATalk.com should not act on this information without seeking professional counsel. Please do not send any sponsoring attorney confidential information unless you speak with the sponsoring attorney or an attorney from the sponsoring attorney’s firm and get authorization to send that information to them. If you wish to initiate possible representation, please contact an attorney in the firm of the sponsoring attorney. Sponsoring attorneys that post messages here are licensed to practice law in a specific state or states as indicated in their message signature or sponsor’s profile page. (NOTE: A ‘sponsoring attorney’ is an attorney that is a HOATalk.com official sponsor and is identified as such in the posted message or on our sponsor page.)

Copyright HOA Talk.com, A Service of Community123 LLC ( Homeowners Association Discussions )   Terms Of Use  Privacy Statement