Adjacent house in a different HOA than mine

Started by DouglasA2 • 3 replies • 162 views

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DouglasA2 (Oregon)
Posts: 1

Posted:

My house is in a new development with its own HOA. However my lot is adjacent to a lot in an older development, with its own HOA. I have issues with two of the neighbors in the older development. One- the house that backs up to my lot, the owner was leaving exterior spot lights on all night- which shined into my bedroom. Secondly, someone is now renting in that development about 1/2 block from me and he has been starting up a very loud truck every day at 6 am. When I approached the HOA of this older development, they said they won't act on my behalf because I do not live in their community. But if the two homeowners are bound by that HOA's rule, and they are breaking their own rules for noise or nuisance lighting, doesn't the HOA have an obligation to enforce their rules?
If the older development won't enforce its rules that means if you have a bad neighbor but live in a different community, there's nothing you can do?
Could I sue the HOA and force them to enforce their regulations?

TimB4 (Tennessee)
Posts: 21,062

Posted:

Douglas,

Sorry to hear about your issues.

Since you are not a member of that Association, I don't think you would have standing to bring an action to have them enforce. However, I am not an attorney - so check with a local one to find out for sure.

Associations, like members of the Associations, have the authority to enforce but, typically, do not have a requirement to enforce.

Your option may be limited:

1) Make a complaint to that association and see if they do anything.
2) Contact the police (may escalate any issues you have with your neighbors).
3) Bring legal action yourself against the individuals (as you could probably make them comply with their covenants - again, check with a local attorney)
4) If the issue is with renters, contact the landlord (may or may not help)
5) Find other ways to deal with it
Example: Plant trees or obtain black out curtains to block the light
Better insulation in the home - perhaps replace the windows (I found my home much quieter once the windows were replaced).

I'm sure it's not what you wanted to hear.
I hope it helps.

ChristineS7 (Minnesota)
Posts: 58

Posted:

Hello, Regarding the light from the neighbors house, buy a blackout shade. With the noisy vehicle, contact city hall and see if they have a noise nuisance law, then follow their advice. Good luck with both issues.

ElleN (Idaho)
Posts: 4,420

Posted:

Quote:

Posted By TimB4 on 01/05/2024 3:44 AM
Since you are not a member of that Association, I don't think you would have standing to bring an action to have them enforce.

FWIW I think this is correct. Why? Because "covenants" by their very nature bind one party to another. It really does have the biblical meaning. Today "covenants" translate to "contractual terms." In this instance, the neighbor in HOA X is not bound to his her fellow neighbors in HOA Y. HOA X people have no "mutual contract" with HOA Y people.

Long discussions appear here:

https://klauerlaw.com/2016/06/30/enforcing-real-covenants/
https://www.findlaw.com/realestate/owning-a-home/cc-r-enforcement-and-remedies.html

In addition to TimB4's suggestions, I would also contact the city code enforcement division and see if these neighbors are violating either lighting or nuisance ordinances.

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