+ Reply to Thread
Page 1 of 2 12 LastLast
Results 1 to 15 of 22
  1. #1
    wizkid is offline Junior Member
    Join Date
    Oct 2007
    Location
    Austin, texas
    Posts
    6

    Neighbor coming into my yard to take pics of my backyard.

    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.
  2. #2
    TinkerBelleLuvr is offline Senior Member
    Join Date
    Aug 2007
    Location
    With Capt'n Hook
    Posts
    11,353
    Quote Originally Posted by wizkid View Post
    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.
    Did you get permission in WRITING from the landlord? I'm asking for a specific reason.
  3. #3
    wizkid is offline Junior Member
    Join Date
    Oct 2007
    Location
    Austin, texas
    Posts
    6

    Permission

    Did I get permission for what? The playscape? No. I didn't get permission, in writing, because I didn't know they were forbidden by the HOA. I simply asked if they were allowed because I thought the individual property owner might object b/c it would require us to replace the patch of grass it was sitting on when we moved out. I got a "yes" from the owners agent that we could have our playscape and pop-up pool and that was the end of the discussion. It never occured to me that they would be banned by the HOA, in the backyards.
  4. #4
    Zigner is offline Senior Member
    Join Date
    Jan 2005
    Location
    California
    Posts
    53,524
    Quote Originally Posted by wizkid View Post
    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.
    The obvious solution would be to get rid of the prohibited items for your yard. But that's too simple of a solution, huh?
  5. #5
    wizkid is offline Junior Member
    Join Date
    Oct 2007
    Location
    Austin, texas
    Posts
    6

    remove items

    We have every intention of removing the items. Unfortunately, I don't think this will stop creepy neighbor from coming into our yard. It SOUNDS logical to just pacify him, but age as taught me, as I'm sure it will you, that when you are dealing with people with anti-social behaviors, logical is not always the solution. I say this b/c we have rec'd notices for HOA violations that were totally unfounded. One was for black spraypaint on the driveway. There was NONE. There isn't even anything spray painted black on the property!
    The PATTERN of complaints and his sneakiness in taking the pics has demonstrated that he will continue to occupy his time with my business, founded or otherwise.
    I want a legal remedy for keeping him away from me and want to know if he was in violation of any law for coming into my yard and taking pics in the first place. I'm sorry I wasn't more explicit that the the remedy I was seeking was legal and binding, as opposed to merely hopeful and unenforceable.
  6. #6
    Zigner is offline Senior Member
    Join Date
    Jan 2005
    Location
    California
    Posts
    53,524
    Quote Originally Posted by wizkid View Post
    We have every intention of removing the items. Unfortunately, I don't think this will stop creepy neighbor from coming into our yard. It SOUNDS logical to just pacify him, but age as taught me, as I'm sure it will you, that when you are dealing with people with anti-social behaviors, logical is not always the solution. I say this b/c we have rec'd notices for HOA violations that were totally unfounded. One was for black spraypaint on the driveway. There was NONE. There isn't even anything spray painted black on the property!
    The PATTERN of complaints and his sneakiness in taking the pics has demonstrated that he will continue to occupy his time with my business, founded or otherwise.
    I want a legal remedy for keeping him away from me and want to know if he was in violation of any law for coming into my yard and taking pics in the first place. I'm sorry I wasn't more explicit that the the remedy I was seeking was legal and binding, as opposed to merely hopeful and unenforceable.
    "Anti-Social behaviors"

    Interesting...let's define (I'll simply use Wikipedia for this exercise):

    Wikipedia defines as: Behavior "...that lacks consideration for others and that may cause damage to society, whether intentionally or through negligence..."

    So, you are accusing the neighbor of anti-social behavior while, at the same time, engaging in anti-social behavior of your own.

    Get rid of the junk.

    Perhaps you should also consider moving. Although, you need to keep in mind that every neighborhood has its Mrs. Kravitz.
  7. #7
    wizkid is offline Junior Member
    Join Date
    Oct 2007
    Location
    Austin, texas
    Posts
    6

    Oh, ye of little helpful information...

    "So, you are accusing the neighbor of anti-social behavior while, at the same time, engaging in anti-social behavior of your own. "

    Firstly, let me say that we have tried to appease said neighbor. Before we came to know that Playscapes were taboo, he very rudely informed us, on the day the movers were moving us in, that he wanted the playscape moved to the other side of our yard so he couldn't see it. We obliged without objection. Then we tried to get the proper authorization through the neighborhood assoc. by submitting the required plans dimensions etc. after we found out that one had to get permission for playscapes. The application was denied. We were then told to dismantle it so it was not visible from the street, or front of the house, or from the neighbors' yards. We complied. That is why he had to come INTO our yard to photograph it, b/c it is NOT visible from anyplace else. Now, we will rent a storage unit for it. We have made every effort to jump through the hoops laid before us and will continue to do so.
    As to getting rid of the "junk", it is a $2000.00 wooden playscape. Perhaps this may be peanuts to you, but for our family of 6, it is not a small sum. We are only living in this rental temporarily, so we are not eager to throw the set away, just to wish we had it, when we are no longer renters.
    And remember...we asked the owner's agent BEFORE we moved in, if we could have it.
    I'm sure you mean well, but frankly, your responses with wiki quotes are not answering my questions, nor do I think they will be helpful to anyone reading this with a similar problem.

    If you would like my credentials in identifying anti-social behavior, I will mail them to you in private, but I would like to stay on task with this discussion and find out how to keep creepy guy off of my property.
  8. #8
    strongbus is offline Member
    Join Date
    Sep 2010
    Posts
    211
    put up no trespassing signs and next time he steps foot in the yard at all just call the cops and have him arrested end of story.
  9. #9
    Zigner is offline Senior Member
    Join Date
    Jan 2005
    Location
    California
    Posts
    53,524
    Quote Originally Posted by wizkid View Post
    "So, you are accusing the neighbor of anti-social behavior while, at the same time, engaging in anti-social behavior of your own. "

    Firstly, let me say that we have tried to appease said neighbor. Before we came to know that Playscapes were taboo, he very rudely informed us, on the day the movers were moving us in, that he wanted the playscape moved to the other side of our yard so he couldn't see it. We obliged without objection. Then we tried to get the proper authorization through the neighborhood assoc. by submitting the required plans dimensions etc. after we found out that one had to get permission for playscapes. The application was denied. We were then told to dismantle it so it was not visible from the street, or front of the house, or from the neighbors' yards. We complied. That is why he had to come INTO our yard to photograph it, b/c it is NOT visible from anyplace else. Now, we will rent a storage unit for it. We have made every effort to jump through the hoops laid before us and will continue to do so.
    As to getting rid of the "junk", it is a $2000.00 wooden playscape. Perhaps this may be peanuts to you, but for our family of 6, it is not a small sum. We are only living in this rental temporarily, so we are not eager to throw the set away, just to wish we had it, when we are no longer renters.
    And remember...we asked the owner's agent BEFORE we moved in, if we could have it.
    I'm sure you mean well, but frankly, your responses with wiki quotes are not answering my questions, nor do I think they will be helpful to anyone reading this with a similar problem.

    If you would like my credentials in identifying anti-social behavior, I will mail them to you in private, but I would like to stay on task with this discussion and find out how to keep creepy guy off of my property.
    I never questioned your credentials...but I question your ability for self-diagnosis.

    How's this - mount some cameras on the outside of the rental unit that will record the goings-on. If the neighbor comes on the property, you can show the recordings to the police. Of course, you will want the written permission of the property owner if you have to mount the cameras in a way that damages the property.
  10. #10
    Zigner is offline Senior Member
    Join Date
    Jan 2005
    Location
    California
    Posts
    53,524
    Quote Originally Posted by strongbus View Post
    put up no trespassing signs and next time he steps foot in the yard at all just call the cops and have him arrested end of story.
    If you happened to read the OP, you'd see that the neighbor doesn't do this when they're around
  11. #11
    CLJM is offline Member
    Join Date
    Sep 2005
    Posts
    313
    Actually---- I am unsure why you, as tenants, are receiving any violation letters---or actually, any correspondence from the HOA at all. The ownership lies with the owner of the property, your landlord.....it is his deed that has the CC&R's attached...and it is to that ownership that all communication should be addressed.

    It is up to the HOA and owner of the property to deal with this issue, and indeed, any and all issues pertaining to the OWNERS property within the confines of the HOA.
  12. #12
    csi7 is offline Senior Member
    Join Date
    Dec 2009
    Posts
    1,034
    Three things I suggest to help you be able to live comfortable for the rest of the time you are renting this property.

    Did you get the permission in writing from the agent? Does the agent admit that they gave you permission to put the disputed items up? Is the property owner aware of this dispute?

    First, with this kind of nasty neighbor, filing written assessment reports of problems with the HOA, property agent, and property owner concerning this dispute will eliminate this problem continuing in the future. The written assessment is the facts of the case, with dates, times, written evidence, and without personal opinion included.

    Second, pictures with dates, times, and detailed information to go along with the assessment will make it easier to display the case objectively.

    Third, no trespassing signs, security cameras, and other options should be mentioned in writing along with the location of these items shown for owner approval to resolve this nasty neighbor situation to the end of your lease.

    By doing all this, you should be able to leave your property without the neighbor coming onto the property taking pictures unauthorized. That is something the HOA needs to address since their rules are preventing you being safe and secure in your leased residence.
  13. #13
    CLJM is offline Member
    Join Date
    Sep 2005
    Posts
    313
    Quote Originally Posted by csi7 View Post
    Three things I suggest to help you be able to live comfortable for the rest of the time you are renting this property.

    Did you get the permission in writing from the agent? Does the agent admit that they gave you permission to put the disputed items up? Is the property owner aware of this dispute?

    First, with this kind of nasty neighbor, filing written assessment reports of problems with the HOA, property agent, and property owner concerning this dispute will eliminate this problem continuing in the future. The written assessment is the facts of the case, with dates, times, written evidence, and without personal opinion included.

    Second, pictures with dates, times, and detailed information to go along with the assessment will make it easier to display the case objectively.

    Third, no trespassing signs, security cameras, and other options should be mentioned in writing along with the location of these items shown for owner approval to resolve this nasty neighbor situation to the end of your lease.

    By doing all this, you should be able to leave your property without the neighbor coming onto the property taking pictures unauthorized. That is something the HOA needs to address since their rules are preventing you being safe and secure in your leased residence.
    Please understand....the OP is a tenant----it doesn't matter if the agent gave them permission. The TENANT's written assessment reports to the HOA has NO CREDIBILITY----they are the TENANTS. It is the OWNER of the property that should be/needs to deal with this with his agent, the HOA and his TENNANT. And, quite possibly "no trespassing" signs and cameras are also not allowed.
    The OWNER of the PROPERTY needs to get with the HOA to ensure he/she understands the rules and then get with the tenant to ensure that they understand the requirements of the HOA. And, if the owner chooses to employ an agent---they also need to be aware of the HOA requirements in their representation andthe leasing agreement should state such.

    Note: And, nasty neighbor ?....I am not so sure--although they should only be bringing it to the HOA 's attention----not taking it upon themselves. I always choose to live in a HOA community---and, I certainly would not want a children's play area and above ground pool next door to me !
  14. #14
    csi7 is offline Senior Member
    Join Date
    Dec 2009
    Posts
    1,034
    I live in an area with HOA.
    There are several attorneys who live in the same area.
    Tenants in the HOA area are recognized as tenants, and several have permission for "prohibited" items for the period of their initial lease, and this includes above ground pools, children's play areas, and screening material is authorized.
    How the HOA looks at it, it is better to have the property being tended to than for it to be vacant.
  15. #15
    wizkid is offline Junior Member
    Join Date
    Oct 2007
    Location
    Austin, texas
    Posts
    6

    The Golden Years

    Note: And, nasty neighbor ?....I am not so sure--although they should only be bringing it to the HOA 's attention----not taking it upon themselves. I always choose to live in a HOA community---and, I certainly would not want a children's play area and above ground pool next door to me ![/QUOTE]

    I can totally understand not wanting those things next to you, but this is supposed to be a kid friendly neighborhood. And there are LOTS of kids. I'm not sure, but I believe they have "55 plus" communities for those who are ready to settle into a nice, quiet solitude. And I don't really mind having an HOA, but I DO mind people taking photos of my house while standing in my backyard. CREEEEPY. I guess too, where I come from, if you have a problem with somebody, you talk to them face to face in a polite manner. That sneaky stuff just rubs me the wrong way. It shows a lack of spinal substance that I find intolerable.

Similar Threads

  1. neighbor's kids vandalized our backyard
    By derwood95 in forum Neighbors & Boundaries
    Replies: 1
    Last Post: 07-18-2011, 07:47 AM
  2. Neighbor's dog got into my backyard and my dog bit it
    By girlafraid7 in forum Neighbors & Boundaries
    Replies: 7
    Last Post: 02-10-2010, 10:42 PM
  3. Water coming from neighbors yard
    By wweiss in forum Neighbors & Boundaries
    Replies: 3
    Last Post: 05-05-2008, 01:34 PM
  4. Neighbors tree coming into my yard
    By lilikoi in forum Neighbors & Boundaries
    Replies: 1
    Last Post: 01-28-2006, 12:36 AM
  5. Backyard Neighbor
    By golfhog1867 in forum Construction & Renovation
    Replies: 3
    Last Post: 01-29-2003, 03:17 PM

Tags for this Thread

Posting Permissions

  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts
  •  

© 1995-2012 Advice Company, All Rights Reserved

FreeAdvice® has been providing millions of consumers with outstanding advice, free, since 1995. While not a substitute for personal advice from a licensed professional, it is available AS IS, subject to our Disclaimer and Terms & Conditions Of Use.