Question:
Common area in an HOA has been given to a Landscape Co. as a facility about 15 yards from a residence and is accessed exactly adjacent to a home’s property line that is 12.5 ft from the bedroom wall of the home. The facility has continued disruptions all day long. It has unattractive chain link fences topped with barbed wire, and poor esthtetic surrounds. It’s noisy , toxic, and surrounded with employee cars and the same drive used by RV ‘s located behind the same residence. HOA of the community has denied it to be a nuisance for the residence but residence is subjected to the disruption every weeday and the RV usage of drive on weekends. Can a resident insist on relief by the many rules this use of common area breaks within the CC&R ‘s.
– Cheryl
Answer:
Hi Cheryl,
You will typically find a nuisance provision outlined within your association’s governing documents. However, the provisions within your governing documents typically only apply to the homeowners of the community. It’s best to refer to the provisions in your CC&Rs to check the exact wording. You may be able to argue that your HOA board is breaching its fiduciary duty to act within the best interest of the community, which involves maintaining its curb appeal.
Additionally, check for provisions regarding the use of common areas. Many governing documents describe what types of activities are allowed in common areas (or what are not allowed).
Disclaimer: We are not lawyers. The information provided on this website does not constitute legal advice.
