Neighbor will not grant access for maintenance

[freerunner99]

What is the name of your state (only U.S. law)? California

Ok. Here's the situation...

I live in California where a single lot has 2 units on it. 2 Freestanding units on a single non-subdivided lot. Since the lot is not subdivided, the 2 units form a Condo HOA.

I am one owner (and part of the HOA)
My neighbor is the other owner (and the other part of the HOA)

To access part of my unit (let's call it the front wall and the front roof line), you would need to access my neighbor's "backyard." The HOA documents are very specific in terminology. His "backyard" is considered an "exclusive use common area." It is for his enjoyment only. However, the HOA docs also grant an easement for maintenance. Because the only way for me to access parts of the exterior of my unit are by accessing his "exclusive use common area." He claims that his backyard is his private property (it is not).

He's refusing to allow my workmen access for needed repairs. He's not someone who can be reasoned with.

What legal recourse do I have?

 

[adjusterjack]

A lawsuit to enforce the terms of the HOA documents and easement.

But you knew that already, didn't you?

If you want an easier route, wait until he's not home and have your workmen go in.

 

[freerunner99]

A lawsuit to enforce the terms of the HOA documents and easement.

But you knew that already, didn't you?

If you want an easier route, wait until he's not home and have your workmen go in.

Well...I knew there would be a lawsuit, but what specifically am I asking for? Can I just ask a judge for a court order, or is it an involved process?

As for waiting until he's not home....probably not an option. He's unemployed and exists to be a pain.

 

[Zigner]

Well...I knew there would be a lawsuit, but what specifically am I asking for? Can I just ask a judge for a court order, or is it an involved process?

As for waiting until he's not home....probably not an option. He's unemployed and exists to be a pain.

Be creative - arrange for him to "win" some prize that takes him away from the house for a day

 

[PayrollHRGuy]

I like Zinger's idea, it would likely be cheaper and a whole lot faster than suing the guy.

 

[adjusterjack]

Well...I knew there would be a lawsuit, but what specifically am I asking for? Can I just ask a judge for a court order, or is it an involved process?

You'll be asking for a court order compelling the neighbor to allow access.

Yeah, it's an involved process, just like filing a lawsuit.

Another option is just march your workmen into the area even if he is home and if he is there then you be a pain and tell him to call the police or you call the police. Just make sure you have a copy of your easement in your pocket.

 

[LdiJ]

You'll be asking for a court order compelling the neighbor to allow access.

Yeah, it's an involved process, just like filing a lawsuit.

Another option is just march your workmen into the area even if he is home and if he is there then you be a pain and tell him to call the police or you call the police. Just make sure you have a copy of your easement in your pocket.

Personally, I like this advice the best, because it would cost you less than the other options. The police should not interfere once they see the easement paperwork.

However, I also find the advice to let him believe that he won something that must take him away from home highly entertaining...and if money were no object, or was not much of an object, I would probably go with that one.

 

[freerunner99]

Be creative - arrange for him to "win" some prize that takes him away from the house for a day

This is unhelpful "advice" on a legal forum.

 

[freerunner99]

You'll be asking for a court order compelling the neighbor to allow access.

Yeah, it's an involved process, just like filing a lawsuit.

Another option is just march your workmen into the area even if he is home and if he is there then you be a pain and tell him to call the police or you call the police. Just make sure you have a copy of your easement in your pocket.

Interesting that you mention that. I did just that. Marched my workman (measuring for an estimate) into the back area today. He called the police. I provided the easement wording in the CCR's. Honestly, the cops were too stupid to understand it and didn't want to take sides. Unless there is some court order, it will not work.

I was just trying here to understand the right thing to ask for.

 

[justalayman]

Interesting that you mention that. I did just that. Marched my workman (measuring for an estimate) into the back area today. He called the police. I provided the easement wording in the CCR's. Honestly, the cops were too stupid to understand it and didn't want to take sides. Unless there is some court order, it will not work.

I was just trying here to understand the right thing to ask for.

It’s not the cops being stupid. They are not trained nor expected to read and interpret legal documents. They dis the proper thing by simply sending you and your workers out of his yard.

 

[festival]

A common remedy in this type of dispute is for you to hire a lawyer to write a letter to him stating that if he does not allow full access, then you will seek a court order and request that the judge order him to pay all of your legal and court costs.

I suggest you talk to a lawyer who specializes in condos or CIDs, who will know the ins and outs of the law and can likely run circles around your neighbor. You may be able to use other remedies, such as dispute resolution (IDR, ADR), and you may be able to use common funds. A lawyer who is knowledgeable in this area of law should know the circumstances to get your fees reimbursed by your neighbor.