Home     Law Advice     Insurance Advice     Community    
Go Back   FreeAdvice Legal Forum > REAL ESTATE LAW > Condos and Co-Ops

Powered by Attorney Pages


  Find An Attorney In Your Area    
 

Reply
 
LinkBack Thread Tools Rate Thread Display Modes
  #1  
Old 12-27-2004, 04:20 PM
Junior Member
 
Join Date: Dec 2004
Posts: 3

Neighbor From Hell - What Can I Do?


What is the name of your state?What is the name of your state? CA

The neighbor next door to us is a 19 year old punk whose mother owns the condo (but doesn't live there) and let's him stay there by himself with a roommate. These kids are having parties all the time, at all hours of the night, and my family has been losing sleep on a daily basis.

We complain - in writing - to the HOA who repeatedly fines the mother (owner) but she's rich, doesn't care what goes on there, and just keeps paying the fines. The HOA says the only way they can take any legal action is if the mother doesn't pay the fines. But as I said, she's rich, so the fines are nothing to her.

My family has only owned this condo for 5 months and I shouldn't have to sell because of this 19 year old punk. Can I sue him? Can I sue his mother? What can I do to stop this insanity?
  #2  
Old 12-27-2004, 04:36 PM
seniorjudge
Guest
 
Posts: n/a
"What can I do to stop this insanity?

What do the covenants and restrictions say about this situation?
  #3  
Old 12-27-2004, 04:56 PM
Senior Member
 
Join Date: Jul 2004
Posts: 4,431
Quote:
Originally Posted by glichtone
What is the name of your state?What is the name of your state? CA

The neighbor next door to us is a 19 year old punk whose mother owns the condo (but doesn't live there) and let's him stay there by himself with a roommate. These kids are having parties all the time, at all hours of the night, and my family has been losing sleep on a daily basis.

We complain - in writing - to the HOA who repeatedly fines the mother (owner) but she's rich, doesn't care what goes on there, and just keeps paying the fines. The HOA says the only way they can take any legal action is if the mother doesn't pay the fines. But as I said, she's rich, so the fines are nothing to her.

My family has only owned this condo for 5 months and I shouldn't have to sell because of this 19 year old punk. Can I sue him? Can I sue his mother? What can I do to stop this insanity?
Call the police and make a complaint. Let them go over their and talk with the underage partying punk.

Last edited by Happy Trails; 12-27-2004 at 04:58 PM.
  #4  
Old 12-27-2004, 05:42 PM
Junior Member
 
Join Date: Dec 2004
Posts: 3

CC&R's Offer No Help


"What do the covenants and restrictions say about this situation?"


The CC&R's only cover common area and constructive issues. They don't mention noise at all. However, the Rules & Regulations contain items about noise and the corresponding fines. But as I've said, the rich mother of this punk just keeps paying the fines.
  #5  
Old 12-27-2004, 05:44 PM
Junior Member
 
Join Date: Dec 2004
Posts: 3

Police - No Help


"Call the police and make a complaint. Let them go over their and talk with the underage partying punk."

We've called the Police. Either they don't show up at all or when they do show up (hours later) the kid has left to party elsewhere or the noise has finally stopped.
  #6  
Old 12-28-2004, 08:15 AM
Junior Member
 
Join Date: Nov 2004
Posts: 9
Angry

Similar issue


I have posted about a similar issue. My neighbors above have kids that run a round from 6AM everyday, including weekends until 7 pm. The noise is disruptive. I have written them letters, written the HOA letters, I am keeping a log of all the noise, you should do the same. I called the cops on them, and guess what I AM STILL HEARING NOISE.

We have lived there for 7 months and we don't want to lose money if we sell. I called a lawyer, he said we have to mediate before he can write a letter. Maybe you should call a lawyer to see what your rights are. Also, does your town/city have any noise ordinance? That may work in your favor. Best of luck, I truly feel for you, as I am living through this also.
  #7  
Old 04-01-2007, 04:05 PM
Junior Member
 
Join Date: Apr 2007
Location: CANADA
Posts: 1

Eviction


There is a court president from Alberta Canada, where the condo Board went to court and the court ruled that since the owner was not living by the rules of the complex that the court was seizing the condo and auctioning it, effectively eviciting the owner.

Check with your state however there maybe no protection for condo tenants that do not conform to the bylaws of the complex. The Board can go to court and have the tenants evicted.
  #8  
Old 04-01-2007, 04:15 PM
Senior Member
 
Join Date: Jul 2005
Location: Massachusetts
Posts: 14,026
Quote:
Originally Posted by katyjane493 View Post
There is a court president from Alberta Canada, where the condo Board went to court and the court ruled that since the owner was not living by the rules of the complex that the court was seizing the condo and auctioning it, effectively eviciting the owner.

Check with your state however there maybe no protection for condo tenants that do not conform to the bylaws of the complex. The Board can go to court and have the tenants evicted.
Why on earth did you dig up this 3 year old thread?? And what does Canadian court rulings have to do with California?????????????

US Law Only - WHEN POSTING A QUESTION, YOU MUST INCLUDE THE NAME OF YOUR STATE
__________________
~A 8 a.m. bus-stop conversation~

"So Lil'Blue...Did you like the DVDs I got for you at the library?"
"Yes...I did!"
"Did you learn any interesting facts about the animals on the movie (Nation Geographic)?"
"Yes...I did learn interesting things!"
"Would you share with me an interesting fact?"
"Wellll....I learned that Naked Mole Rats are WICKED naked!"

~~~~~~~
Reply



Currently Active Users Viewing This Thread: 1 (0 members and 1 guests)
 
Thread Tools
Display Modes Rate This Thread
Rate This Thread:

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is Off
HTML code is Off
Trackbacks are On
Pingbacks are On
Refbacks are On
Forum Jump

All times are GMT -5. The time now is 06:19 PM.



IMPORTANT NOTICE
THE VIEWS EXPRESSED ON THIS PAGE WERE NOT REVIEWED BY THE EDITORIAL STAFF OR ATTORNEYS AT FREEADVICE.COM. Thousands of professionally prepared and reviewed questions and answers in 130 legal categories are to be found at the Question and Answer pages at FreeAdvice.com.

F
reeAdvice Forums are intended to enable consumers to benefit from the experience of other consumers who have faced similar legal issues. FreeAdvice does NOT vouch for or warrant the accuracy, completeness or usefulness of any posting or the qualifications of any person responding. Use of the Forums is subject to our Terms and Conditions which prohibit advertisements, solicitations or other commercial messages, or false, defamatory, abusive, vulgar, or harassing messages, and subject violators to a fee for each improper posting. All postings reflect the views of the author but become the property of FreeAdvice. Information on FreeAdvice or a Forum should not be relied upon and is not a substitute for advice from an attorney licensed in your jurisdiction who you have retained to represent you. To locate an attorney visit AttorneyPages.com. Copyright since 1995 by Advice Company. All Rights Reserved.