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DavidD30 (California)
Posts: 1
Posted:
Hello everyone, my family is dealing with a several issues with a tenant renting the house next to ours for over a year now. Without going into the granular detail I'm looking for advice on one big issue.

The tenant next to us own a large boat in which they park on the street side where our homes border. At the same time, the put up a basketball court across the street from where my family pulls out of our driveway.

This creates a safety and traffic issue for us and the neighborhood. For my family, we can't see the ongoing traffic as we are backing out. It is a huge potential liability because we don't want to accidentally hit their boat, a moving car or a kid playing.

I contacted city code enforcement and they say there's nothing they can do because the boat can park for 72 hours before requiring to move. My neighbor knows this so he just moves the boat every 72 hours to a different spot on the street and shortly move it back. It gets worse on the weekends because a group of 4-5 visitors would come and occupy our neighborhood's street parking.

There is no HOA in our community. I called the owner renting to the tenants next to us and she was unsympathetic and called me petty while she is not having to deal with the issues and pockets the rental income.

I was wondering if there is any legal basic I can take this case to civil court to get the boat off our street. Any advice is greatly appreciated. The specific section of our CC&R is below.

“Vehicles. No Owner shall park, store or keep any large commercial truck or other
commercial vehicle anywhere within the Subdivision. Recreational vehicles such as
campers, trailers, motorhomes and boats may be kept in garages or screened from view
behind fencing in a side or rear yard area. No inoperable vehicle may be kept anywhere
on the Subdivision except in an enclosed building. Automobile repairs shall not be
conducted within the Subdivision except entirely within a garage. Under no
circumstances shall such vehicle repair be permitted on any street or driveway within the
Subdivision, except in the event of an emergency.”
SheliaH (Indiana)
Posts: 6,964
Posted:
CCRs can be enforced by one homeowner against another, whether there's an HOA or not, so if you want to take this person to court, go ahead. There's no guarantee you'd win, so you might want to double-check to ensure there isn't a HOA who can assist you. Otherwise, you'll probably have to do some monitoring of the area to get photos of the boat (time and date stamped), photos of the street to demonstrate the problem, etc.

If it is not right do not do it; if it is not true do not say it. Marcus Aurelius
MelissaP1 (Alabama)
Posts: 13,836
Posted:
You have to hold the homeowner's feet to the ground. The tenant isn't a member. Their rental agreement most likely doesn't make them responsible for adhering to the HOA's/CC&R's rules. The owner's feet are tied to the CC&R's.


Former HOA President
RichardP13 (California)
Posts: 3,868
Posted:
So a court might rule against a homeowner for a homeowner because of a set of CCRs of no HOA. I want a front row seat to this.
LetA (Nevada)
Posts: 2,679
Posted:
What I would do is set up video surveillance complete with time and date stamp, keep meticulous records and file a complaint with code enforcement, be a thorn in their backside if this guy continues to be a nuisance.

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