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Harassing neighbor, property destruction, false complaint to code inforcement

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JayBeck

Junior Member
What is the name of your state (only U.S. law)? California

Hello I purchased this 30 year old condo a little over a year ago. I am a nice person who helps anyone that needs. All of a sudden 5 months ago my next door neighbor started yelling at me because I left my car in my driveway running for 2 minutes to go up stairs to get my wallet (which is not a violation of the HOA by laws). She has left notes on my door saying I have to keep my car in the garage if i leave it running, and saying I am an annoying and rude neighbor. I did not want to rock any boats so I have not left my car running since.

There was no problem till 3 and a half months ago when she complained about my dryer vent (which vents in to a common area the condos were built like this. she complained that I re-routed the dryer duct. After a few emails back and forth where I was civil and tried to resolve the problem. I told her I would contact the HOA about the situation the next day she sent an email to me saying she is removing the vent "due to health reasons" then ripped out the vent destroying my duct and boarded up the vent hole.

Then she tried to ask that contractor that handles most of the repair if she could pay him to put up the boards like the rest of the house and paint it. He told the board about this because he is under contract and has to get approval to change anything. So I am talking the the HOA and they are talking to her this takes 3 months which I can not use my dryer because it is gas and illegal to vent inside any part of the structure. The hoa told here she has 15 days to either repair the vent or higher someone to repair the vent. She refused so the HOA said they will higher someone and pay the bill and charge her the price of the repair. The day before (sunday) the meeting to vote on this matter. she repairs the outside part of the vent nothing was done under the house my duct is still broken she also buys this cheap Speedi-Products flex pipe to replace the damaged rigid aluminum tubing that was there. Unknown to us she called code enforcement on Monday morning and showed them the new duct and said we rerooted it to where it is. On Wednesday I received a letter from code enforcement saying we violated code and did not have a permit to reroute the dryer duct.

We tell the hoa about this they send the city inspector copies of the by laws stating no owner may change and structure with ut board approval
She then removed the re venr and sprayed foam under the house. I called the Police due to the property damage. The police officer was kind and said this is a civil matter, and suggest we get a restraining order.

Now for the question, If the judge grants the restraining order and the judge says she must not approach us or our house for any reason and the minimum length is say 600 feet and her house is closer then that is she in violation and does she have to move?
 


CdwJava

Senior Member
If an order is issued, it will likely prohibit contact and indicate something like a 15 foot stay away order or some such minimal distance for a neighbor. She will NOT be forced to move, only forced not to contact you.
 
What is the name of your state (only U.S. law)? California

Hello I purchased this 30 year old condo a little over a year ago. <snip>

There was no problem till 3 and a half months ago when she complained about my dryer vent (which vents in to a common area the condos were built like this. she complained that I re-routed the dryer duct. <snip>

On Wednesday I received a letter from code enforcement saying we violated code and did not have a permit to reroute the dryer duct.

We tell the hoa about this they send the city inspector copies of the by laws stating no owner may change and structure with ut board approval. <snip>

Now for the question, If the judge grants the restraining order and the judge says she must not approach us or our house for any reason and the minimum length is say 600 feet and her house is closer then that is she in violation and does she have to move?
Just out of curiosity. Did you re-route your dryer vent (in violation of city code without a permit, and in violation of the HOA bylaws without board approval)?

In answer to your question, no, the judge will not issue a restraining order that would cause her to have to move. As CdwJava suggested, the order will likely provide something specifically tailored to your unique situation. For instance, it might say that she cannot come within 5 feet of your condo in the common area between them. Be prepared to come to court with an official map of the lots, so that you can show the court were your property is, and where her property is, and what is common property, etcetera. That way the court can craft an appropriate order.
 

JayBeck

Junior Member
Just out of curiosity. Did you re-route your dryer vent (in violation of city code without a permit, and in violation of the HOA bylaws without board approval)?
I know you're trying to help but if you read my post fully you would see I said "There was no problem till 3 and a half months ago when she complained about my dryer vent (which vents in to a common area, the condos were built like this). she complained that I re-routed the dryer duct."

Thank you for answering. So I purchased my retirement home next to a crazy neighbor just last night at 1 am she started to bang on the wall waking my Girlfriend and myself. We get up at 5 am for work. I did record the banging.
 

Zigner

Senior Member, Non-Attorney
Thank you for answering. So I purchased my retirement home next to a crazy neighbor just last night at 1 am she started to bang on the wall waking my Girlfriend and myself. We get up at 5 am for work. I did record the banging.
Did you save the copy of the police report?
 

Zigner

Senior Member, Non-Attorney
I mean the police report from when you called them last night about the banging on the wall...there would have been at least an incident report.


You DID call them, right?
 
I know you're trying to help but if you read my post fully you would see I said "There was no problem till 3 and a half months ago when she complained about my dryer vent (which vents in to a common area, the condos were built like this). she complained that I re-routed the dryer duct."

Thank you for answering. So I purchased my retirement home next to a crazy neighbor just last night at 1 am she started to bang on the wall waking my Girlfriend and myself. We get up at 5 am for work. I did record the banging.
I understand that you think your neighbor is crazy, that she does lots of things that bother you, and that she complained that you re-routed your dryer vent. But you didn't answer my question. Did you re-route your dryer vent (in violation of city code without a permit, and in violation of the HOA bylaws without board approval)?

There are lots of crazy people out there who do crazy things for reasons that are unfathomable to others, and your neighbor might well be one of them. But I am just curious as to why your neighbor would all of a sudden complain that you re-routed your dryer duct and then rip out the vent destroying your duct and board up the vent hole. Those seem like odd things for her to do if you didn't re-route your dryer vent to somewhere that it wasn't originally placed when the unit was built.

So did you in fact re-route your dryer vent?
 

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