FleurDeLis
Junior Member
In Texas-
I am a condo owner in Texas and I have a neighbor (I assume this neighbour is an owner and not a tenant) who blocks the established side walk or easement (there are no boundaries describing this as a side walk in the by-laws, but is clearly used as a side walk by necessity, for decades, due to it being built as a side walk and below the covered parking area which protects people walking to their vehicles from the rain- and used by all as a side walk on a daily basis.) I have reported the person blocking the use of the side walk, but the HOA is not enforcing the CC&R which states that cars cannot block side walks. Or, the person that is blocking the side walk is ignoring requests by the HOA to not block the side walk.
I have been ignoring the situation for years, but when it rains I am needlessly forced into the rain because access to the side walk is being denied by this person blocking the side walk.
Also, since first reporting this, the individual is more aggressively blocking the side walk, showing a deliberate action of disregard of others use of the easement/side walk.
What are my remedies? Can I file a breach of contract suit against the owner for not abiding by the CC&R's? Do I have to just disregard my rights to usage of the side walk/common property element which I am being denied use of? What can I do to restore my use of the walkway?
Thank you very much for your help.
I am a condo owner in Texas and I have a neighbor (I assume this neighbour is an owner and not a tenant) who blocks the established side walk or easement (there are no boundaries describing this as a side walk in the by-laws, but is clearly used as a side walk by necessity, for decades, due to it being built as a side walk and below the covered parking area which protects people walking to their vehicles from the rain- and used by all as a side walk on a daily basis.) I have reported the person blocking the use of the side walk, but the HOA is not enforcing the CC&R which states that cars cannot block side walks. Or, the person that is blocking the side walk is ignoring requests by the HOA to not block the side walk.
I have been ignoring the situation for years, but when it rains I am needlessly forced into the rain because access to the side walk is being denied by this person blocking the side walk.
Also, since first reporting this, the individual is more aggressively blocking the side walk, showing a deliberate action of disregard of others use of the easement/side walk.
What are my remedies? Can I file a breach of contract suit against the owner for not abiding by the CC&R's? Do I have to just disregard my rights to usage of the side walk/common property element which I am being denied use of? What can I do to restore my use of the walkway?
Thank you very much for your help.