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June 17, 2005
What To Do About the Idiot Neighbor - Or - How To Succeed Without A Lawyer
I read the blog with interest that ended with the question "If anyone has any ideas about what to do with the idiot neighbor, I'd like to know." Since I represent individual owners in legal matters as well as associations, I often hear folks complain about the idiot owner, the idiot manager, the idiot tenant, the idiot board member, the idiot neighbor, and sometimes even their idiot lawyer. Often, by the time they get to me, they are exasperated, frustrated and feel they are without options. Sometimes they are entrenched in litigation and want out so bad they can taste it, because it isn't satisfying their "need for justice"; to the contrary, it is draining and exhausting them, financially and emotionally.
So here are a few things to try first, for any dealing with any idiots.
1. Try talking to them, if they are not scary.
2. If they are scary, you might want to consider selling right away, or alternatively, getting the neighborhood involved through neighborhood watch, help from the police, the board, and a savvy attorney, organized and working together to eliminate the problem from the neighborhood (not easy but often do-able). Idiots (and especially criminals) do not like to be watched.
2. For noise issues (or other nuisance-type issues), if talking does nothing, and the noise issue or nuisance is truly unreasonable, try the local no cost or low cost mediation service in your town or county. In California, there are such organizations supported by a portion of the funds paid to file a court action. Believe me, good mediators are usually trained to deal with idiots. ("We" call them "difficult people" though, and there is lots of training available). Sometimes a mediator can even lead an idiot into looking and feeling like an idiot if they are squirrelly enough and then they start to get more "pliable". Sometimes people do not realize they are being idiots until someone "helps" them see it.
3. Unreasonably loud noise, junk and crap in the front yard, barking dogs, dilapidated vehicles parked on the lawn and other such problems are private nuisances (if they only affect a neighbor) and public nuisances (if they affect all who pass by). They are actionable (meaning it is possible damages could be awarded or a court order to stop the conduct could be arranged) in a court of law. Small claims court is a reasonable forum to test your own theory that it (whatever is occurring) is a nuisance. It's cheap, and quick. If you get a favorable judgment on just one occasion, the idiot next door will probably change their conduct. A trip down to the SC Court is generally a real pain in the rear (unless you like people watching as a sport). However, it can nip bad conduct in the bud. One example of a suggestion that I can mention was for an owner (who could not afford an attorney) who lived on the second floor of a condo building surrounding the pool area. She was unable to enjoy her balcony in the evenings. It seemed that the manager, once off duty, would "cavort" (strongest word I can use in public) in the pool or on the pool deck with her boyfriend and engage in embarrassing conduct (embarrassing for everyone else, apparently not for her). I suggested the owner videotape the pool activities and take the tape into small claims court and ask for compensation for the nuisance. It was cheaper than paying an attorney to write a letter and god knows, I would not especially want to be the voyeur that had to describe the conduct in court! And I felt that if the manager did not want to be videotaped, she would stop "cavorting" in public. So it did not require any secret videotaping. The woman called me back and said that her investment in a camera paid off. This can work some other situations as well.
4. Recognize that they are an idiot, if they truly are, consider this: if you think they are there for the long term, it might be better to sell your place before starting a battle that elevates to the point where you have to disclose it when you try to sell the place.
5. If there is an Association and the conduct constitutes a violation of existing rules or other governing documents (and note, there is almost always a nuisance provision), notify the Association and ask that the rule be enforced. Of course, if the person is an idiot the board may have no more of a clue than you do how to solve the issues. And if the Board members turn out to be idiots too, you may end up paying the cost as a member of the association without having any control over the situation.
6. Keep in mind that some might view you as the idiot so try to see the picture through their eyes for a moment, just in case.
I have other ideas, like advising a board to set up a video camera at meetings if owners get out of hand regularly and the directors cannot get through business without incessant interruptions. Even if they goof up the taping of the meeting, it probably won't matter because the video camera if set up facing the audience in the room will probably serve as a deterrent to kindergarten conduct. However, I have to warn the Board members that if they don't know what they are doing and tape themselves breaking the law, or looking imcompetent, that is not good. And if the Board tapes a meeting it will likely trigger a demand by owners to tape meetings, and that gets into legal arguments as to whether owners have a right to tape meetings or not. The laws are different in different states so beware of who you quote. Some say yes and some say no -- and some are right.
I suggest to neighbors who are bothered by neighbor's (or their own for that matter) dog barking that they purchase a device that is advertised to stop a dog within so many feet from barking because of the emission of a high pitched sound that is undesirable to dogs but that humans cannot hear. I see these devices in the Skymall Magazine every time I fly (its on the web too). I think that's a fair tool. As for California questions, I advise neighbors bothered by unreasonable barking that if 3 neighbors within a certain number of feet from the dwelling of the barking dog culprit complain to animal control, animal control staff are supposed to report that to the District Attorney in the County and the DA can bring charges. (I doubt they often do but the fact that there is a law that allows for that is often enough of a deterrent to the barking dog's "master".)
I advise neighbors who are bothered by those idiots or criminals who are making their lives miserable to join together (assuming there is evidence of some nuisance activity going on) and file individual small claims actions against the owner of the home where the problem people live. (I find that the worst problem people are usually renters and this is the way to get the owners attention.) I suggest asking for the max (in California, its $5,000 in most cases) amount of damages, one claim per family member, per family, and see what happens. This puts the owner in the position of facing a multi-thousand dollar judgment instead of a $100 fine. At the very least, it tends to get the owner's undivided attention for the entire morning or afternoon sitting in small claims court with all the neighbors glaring at them. However, don't overstep this with an idiotic complaint or a gross lack of evidence or testimony about specifics or the judge or court referee might be so unsympathetic as to find a way to make you pay (or suffer).
Well, that's about all I have time for at the moment. These are all remedies that for the most part do not require an attorney ("even better" you say). Of course, the help of a knowlegeable, savvy, non-litigation minded attorney is worth every penny in situations involving idiots ... For more, visit the californiacondoguru!
Posted by Beth Grimm at June 17, 2005 2:07 PM