Excessive landscaping

[chai1836]

What is the name of your state? KS

Excessive landscaping is just part of the problem with this guy, I have posted about him before.

OK, This lunatic neighbor of mine has succeeded in angering the entire cul-de-sac that I live in for years now. For some reason I am the only one who will step up to do anything. Amongst junk, unregistered vehicles and unfinished fence portions, this neighbor has decided to plant no less that 30 trees and shrubs all over his front and side porperties. He and his lovely wife have planted 6 shrubs lining the sidewalk (about 6 inches to a foot away) that passes in front of his house. They have planted various shrubs behind those that line the sidewalk in random places in the front yard. On his side yard (opposite from my house between he and another neighbor) he has randomly planted "sea grass" shrubs (i think that is what they are called) in random places lining their properties. He also planted other various shrubs in that same area over the past weekend. I should mention that this is a very, very, very small front yard and about 60% percent of the side yard and 20% of the front yard are now covered in various shrubs.

Here is my problem. Every other house in the cul-de-sac is neatly manicured and well taken care of. His house looks like a disorganized prairie and\or junkyard. I have complained to the city in the past about his other violations and they have inspected and made him "fix" some of them, but all-in-all they have been pretty ineffective in stopping his irrational behaviour. Our HOA is equally worthless and will not enforce their policies on exterior property maintnenance. If I try to sell my home, which I am looking to do in the next few years, I am going to have great difficulty getting anyone to want to buy it...or they may offer to buy it but at less than what I am asking.

The neighbors actions are lowering the property value and appeal of all of those around us. Since I have tried to reason with the city and the HOA, is there any legal help that I can get? Can I sue him for bringing down property values? Can I sue him for anything?

Any advice would be appreciated, I am especially interested in seeking counsel and bringing him to court if it is at all possible.

TIA, Jordan

 

[xylene]

He and his lovely wife have planted 6 shrubs lining the sidewalk (about 6 inches to a foot away) that passes in front of his house.

So you don't like the look of your neighbors property, complain about it voiciferously...

Your neighbor then plants scrubs and trees....

Am I missing something here....

If only the things a bad neighbor did was to plant trees that block the view of each other...

You are hell bent to sue.

Consult a lawyer, because only a local lawyer is going to be able to unravel your situation.

Expect to spend a lot of money, and be prepared for this guy's property to look no better anytime soon.

 

[chai1836]

So you don't like the look of your neighbors property, complain about it voiciferously...

Your neighbor then plants scrubs and trees....

Am I missing something here....

If only the things a bad neighbor did was to plant trees that block the view of each other...

You are hell bent to sue.

Consult a lawyer, because only a local lawyer is going to be able to unravel your situation.

Expect to spend a lot of money, and be prepared for this guy's property to look no better anytime soon.

It's not that I don't like the look of his property (I don't) It's that he will be affecting my ability to sell my house for the full amount that it is worth by making his propoerty look like crap.

 

[xylene]

Look, I am just being honest with you.

You said you called the city on them, and that the city made them fix the violations.

OK.

You called the HOA on them. Is it possible that they are not in violation?

This is why you will need a well versed local lawyer if you want to take things to the next level (if even possible)

Don't expect this guy to turn into Ward Clever if you take legal action.

Possibilities in the future (future house sale) are not damages.

 

[PghREA]

I bet you would be ticked off if your neighbors told you what you could or could not plant on YOUR property.

 

[shell007]

I bet you would be ticked off if your neighbors told you what you could or could not plant on YOUR property.

I was thinking the same thing.

Maybe the neighbor thinks his yard looks great and your yard looks like crap.

 

[chai1836]

I was thinking the same thing.

Maybe the neighbor thinks his yard looks great and your yard looks like crap.

If I were alone in my frustration I might agree with you, however, all of the sorrounding neighbors are equally frustrated.

The sad thing is that this individual probably does think that his yard looks great. If you had neighbors like this one, your snippy tone would change.

 

[chai1836]

Look, I am just being honest with you.

You said you called the city on them, and that the city made them fix the violations.

OK.

You called the HOA on them. Is it possible that they are not in violation?

This is why you will need a well versed local lawyer if you want to take things to the next level (if even possible)

Don't expect this guy to turn into Ward Clever if you take legal action.

Possibilities in the future (future house sale) are not damages.

No he is in violation, the city has warned him a directed him to clean up his property on several occassions. They are just too cowardly to actually fine the guy like they say they will. The problem is that I know that I am right and I have done the necessary investigations as to which codes he is violating. I even have a document that I authored with the specific city code numbers and verbage that describes it. If I pay my property tax and my city benefits from my money, I think I deserve the attention and follow-through that they advertise.

I will take your advice and speak with a lawyer...even if nothing comes of it, I will know where I stand legally.

 

[FarmerJ]

if your city officials are not doing a good job then go after them with the media and plan on going after your city council members, they can be replaced at election time and all need to be reminded of it.

 

[shell007]

If I were alone in my frustration I might agree with you, however, all of the sorrounding neighbors are equally frustrated.

The sad thing is that this individual probably does think that his yard looks great. If you had neighbors like this one, your snippy tone would change.

Then why is it that YOU ARE THE ONLY ONE COMPLAINING?????

For some reason I am the only one who will step up to do anything.

Sorry that you think MY attitude is "SNIPPY" Mrs. Kravitz!!!

 

[chai1836]

Then why is it that YOU ARE THE ONLY ONE COMPLAINING?????

Sorry that you think MY attitude is "SNIPPY" Mrs. Kravitz!!!

I assure you that I am not alone in my complaints. Besides that point, I came to this website to get legal advice not opinions of housewives, like you, who have nothing better to do than make stupid and irrelevant comments.

Please STFU and go clean something.

 

[chai1836]

if your city officials are not doing a good job then go after them with the media and plan on going after your city council members, they can be replaced at election time and all need to be reminded of it.

That is a great idea, I apprceiate the SINCERE advice. Others could learn from your example.

Thanks again.

 

[shell007]

I assure you that I am not alone in my complaints. Besides that point, I came to this website to get legal advice not opinions of housewives, like you, who have nothing better to do than make stupid and irrelevant comments.

Please STFU and go clean something.

Thanks...Mrs. Kravitz...for the great advice, but my cleaning lady was already here.

 

[Proejo]

That is a great idea, I apprceiate the SINCERE advice. Others could learn from your example.

Thanks again.

Remember.. this is a free advice forum. You get what you pay for. There's quite a few on this forum who participate for no other reason than to belittle, goad and make themselves feel a wee bit superior to others. Don't take it personal, just ignore it when it happens. Paying attention to them is exactly what they want and when you deprive them of that pleasure it ranckles them to no end. There are others who are sincere and mean to be helpful. You'll quickly learn what group each falls into pretty rapidly if you hang around here for more than a couple of days.

Here's my two cents on your situation. Unless there are covenants in your CC&Rs that specifically mention limitations on planting decorative shrubs and plants or that require a landscape committe to review and approve before the items are planted, then I don't see that you have any case. In fact, in the absence of written rules, your neighbor could institute legal proceedings against YOU for harrassment if you keep this up. However, if there are, in fact, rules in place, bear in mind that the HOA may be spineless, but usually the covenants follow a set of guidelines regarding proper notice, hearings with the architecural review committee and/or landscape committee and then an appeals process before the board. The board, in following privacy statutes, should not involve you in the process or notify you of any outcome other than that the process has been completed to their satisfaction. If, after this, you don't see any changes, you can petition to address the board about the issue at their next scheduled meeting where it can be discussed openly. If the board refuses to act to uphold the covenants, you will have it in the minutes of the meeting and can act accordingly. At this point, you can seek legal recourse to enforce the covenants and seek damages, as the CC&Rs should specifically address your right to do so in support of the rules. However, it will be very difficult to address the issue of damages without some form of written validation from appraisers, which will be very difficult to obtain since their testimony and status as an expert witness will be challenged and most appraisers don't want that involvement. Even if they do, you can expect your fee to be very high, not your usual appraisal fees.

For more FACTUAL advice and FACTUAL info on HOA rules and issues, go to this site: www.associationtimes.com.

 

[chai1836]

Remember.. this is a free advice forum. You get what you pay for. There's quite a few on this forum who participate for no other reason than to belittle, goad and make themselves feel a wee bit superior to others. Don't take it personal, just ignore it when it happens. Paying attention to them is exactly what they want and when you deprive them of that pleasure it ranckles them to no end. There are others who are sincere and mean to be helpful. You'll quickly learn what group each falls into pretty rapidly if you hang around here for more than a couple of days.

Here's my two cents on your situation. Unless there are covenants in your CC&Rs that specifically mention limitations on planting decorative shrubs and plants or that require a landscape committe to review and approve before the items are planted, then I don't see that you have any case. In fact, in the absence of written rules, your neighbor could institute legal proceedings against YOU for harrassment if you keep this up. However, if there are, in fact, rules in place, bear in mind that the HOA may be spineless, but usually the covenants follow a set of guidelines regarding proper notice, hearings with the architecural review committee and/or landscape committee and then an appeals process before the board. The board, in following privacy statutes, should not involve you in the process or notify you of any outcome other than that the process has been completed to their satisfaction. If, after this, you don't see any changes, you can petition to address the board about the issue at their next scheduled meeting where it can be discussed openly. If the board refuses to act to uphold the covenants, you will have it in the minutes of the meeting and can act accordingly. At this point, you can seek legal recourse to enforce the covenants and seek damages, as the CC&Rs should specifically address your right to do so in support of the rules. However, it will be very difficult to address the issue of damages without some form of written validation from appraisers, which will be very difficult to obtain since their testimony and status as an expert witness will be challenged and most appraisers don't want that involvement. Even if they do, you can expect your fee to be very high, not your usual appraisal fees.

For more FACTUAL advice and FACTUAL info on HOA rules and issues, go to this site: www.associationtimes.com.

Thank you for the great advice...on both issues.