What is the name of your state (only U.S. law)? Florida
We recently rented a house in a neighborhood with an HOA. One of the members of the HOA lives next door to us. Before we rented the house we were told by the agent for the owner that we could have our playscape and above ground pool in the backyard. (We were specific about dimensions etc, when we asked.) Unfortunately, this was not the case as playscapes and pools were prohibited. Now we have a problem, because this playscape complete with swings, slide, fort and tunnel is in our yard and we have no place to put it. Within a week, this neighbor came INTO our backyard (there is no fence b/c that is against the rules too) and took pictures of our playscape. He did not have our consent to be in our yard or take pictures. He then sent the pics to the HOA enforcers and they said we had to remove our playscape that was errected without permission. We attempted to get permission through the proper channels by trying to remove parts of it to make it smaller, but to no avail. The owner then contacted the HOA about the progress being made re: compliance and it was established between the owner and the HOA representative, that if it was dismantled, in the backyard, not leaning on the house, and not visible from the street, it would be okay to store the parts in the backyard. I guess my neighbor didn't like this because he came into our yard AGAIN, without our knowledge or consent and took more pictures while standing IN OUR YARD and sent them off to the HOA complaining about the parts of the playscape being behind the house. Of course we then get a letter saying we have too much stuff back there and we have to rent storage or get rid of it. Note:There is NO overgrown grass, water standing or place for vermin to live. There is an 8 foot hedge (solid and runs the length of the backyard) separating our yards so he HAD to come into our yard to get his pics. One of the pics was taken from his yard, but he had to stand on a ladder to get the shot over the hedge that separates our yards. This is so creepy and sad! I really don't want this lunatic in my yard anymore (I have 4 small kids and this scares me for them as well as me). What is the optimal recourse to keep him separated from me and my family and off the property I'm renting?
I can't "catch him in the act" and call the cops b/c I suspect he watches my house and waits till he sees me leave to start creeping around. But I know he has been IN my yard from the angle of the pics.