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CarolE5 (Oregon)
Posts: 1
Posted:
Hello,
I sure hope somebody on this forum can help me figure out what to do with the issue I am having with my neighbor. We live in one of the finer neighborhoods in this area and we are governed by CC & R' S and not by an HOA. My neighbor removed the glass from the window in their garage door, installed plywood in place of the glass and then installed (2) 12 inch diameter industrial fans into the plywood. The neighbor quit their job and began working in the garage a minimum of three hours a day. Concerned that they may be making hash oil The DEA went in and inspected. I was told that they were blowing glass and doing something else that they couldn't disclose to me. Marijuana is legal in the state of Oregon. I suspect they are manufacturing glass pipes for smoking marijuana and also dehydrating marijuana for business purposes. I have contacted the city and was told that unless I could prove they had a business there was nothing I could do about the noise of the fans. They won't do anything about the diss-tasteful appearance of it all or the noise. Since we are only governed by CC&R's we do have the right to sue. Our CC&R's State that they must use a certain type of siding on their home, they cannot have window mounted air conditioners and they must store all debris in plastic containers which they do not. There is also a nuisance clause. We also have a clause that they cannot run a business out of their home, however I cannot prove that they are running a business. I could certainly hire a private investigator but that would be costly. My frustration is the appearance and the noise of the fans. I can hear them in my laundry room, my bedroom and my bathroom, that has a wall separating it and when the doors are closed, and also upstairs in my home. I have told several of the homeowners and they are upset about it but not very willing to help. If I hire an attorney, can I win in court based on what I have told you about my CC&R's.
KerryL1 (California)
Posts: 14,550
Posted:
If you have CC&Rs, but no HOA, WHO enforces your CC&Rs??
TimB4 (Tennessee)
Posts: 21,059
Posted:
Carol,

Do you have no HOA because you are under declarant (developer) control or there is simply no HOA?

If the developer is in control, contact them about the issue.

If there is no HOA, you have the ability to enforce the covenants.
This is done through the courts.
Bring your covenants to an attorney and see what options they can provide you.
MelissaP1 (Alabama)
Posts: 13,836
Posted:
I would just start buying some "product" from them and chill out...

Former HOA President
LetA (Nevada)
Posts: 2,679
Posted:
Melissa, I thought that was PiTA's response. lol.

In all seriousness, it sounded like the people are on the radar and the DEA can't comment because it is an ongoing investigation.
GwenG (Florida)
Posts: 669
Posted:
The County might have ordinances on sound levels or some of the other nuisances you describe. They also probably have ordinances on home-based business and your PUD must be zoned properly and other conditions must be met to have a bona fide home business. I would call Code Enforcement and review their Codes to see if there are any violations before I go hiring a lawyer.

Also, the DEA is your friend. What event caused them to pay a visit to this residence? Did you get a name to contact if you see/hear anything? Keep your eyes open for telltale signs of delivery/pickups of raw product. Watch for enclosed shells on pickups and windowless panel vans. You should be able to detect exhaust odor. Even if marijuana is legal, there is usually a maximum amount you can have in your possession unless you are licensed to grow, manufacture, process, transport, lab analysis, sales etc. The point of making it legal is to regulate all activities and collect taxes. Related paraphenalia may or may not be exempt.

Chiming in here from the Emerald Triangle...

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