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November 27, 2007

My Neighbor is *!#*&%!* - What Do I Do?

I hear this at least a once a week. "My neighbor is [crazy, bi-polar, unruly, mean, harrassing, scary, ......] and I am frightened to live here. What can I do? What can the Board do for me?"

First of all, it makes sense to think about what would you do if you did not live in a common interest development (CID) because it may be something that you have to resolve on your own with your neighbor.

If the person committed a crime (assault, battery, vandalism, etc.) you should call the police and talk to an officer, perhaps make a formal report/complaint.

If the neighbor is engaged in activity that is a nuisance, you might be successful in filing and pursuing a small claims court claim - however, that does require physical presence and confrontation in court (if the neighbor shows up) and explaining to a judge why you should get some dollars for the disruption of your enjoyment of your property so be prepared for this.

If the person is just plain mean, you would probably try to avoid them. Of course, the closer the quarters the harder that is.

You might talk to other owners and see if there is something that can be done, safety in numbers.

You might decide to file for a restraining/stay away order if you fear for your safety. In many courthouses there is assistance available in the form of a packet that explains the process and that contains the court papers necessary to file, without paying an attorney. Of course, again, the closer the quarters the more difficult it can be to get/enforce a restraiining order.

These are things you can do in a CID neighborhood also.

In a CID, you may get an extra layer of assistance, depending on one basic thing: is the neighbor doing something that is a violation of the governing documents? And sometimes the governing documents include a violation of the law as a violation of the documents.

So, in the case of a nuisance situation, the Board may have to take some action to abate the nuisance. To what degree the Board should act depends on the circumstances and what remedies are available in the governing documents (fines, reimbursement assessments perhaps, suspension of rights such as use of common area or attendance at meetings, etc.)

With regard to criminal or threatened criminal activity, the board may have a duty to warn about the dangers, provide more lighting, provide more security, take steps to make things safer, etc. Again, it depends on the circumstances. The Board is never to be considered a substitute for animal control or the police and if the problem suggests a call to either of these, the complaining person should do it.

For issues related to "bi-polar" (or other psychiatric or physiology-challenged or "affected" neighbors) it gets more dicey. Sometimes it is obvious when affected parties are "on" or "off" their medication because of their behavior. Sometimes its obvious someone is adversely affected by alzheimers or dementia. For these issues, you might consider the following:
***Keeping logs of activity so that if you do seek help, you can fully describe the situation and what is occurring, the frequency, times of day, etc.
***Seek help from local Social Services/Health Department representatives.
***Seek guidance or advice from the local police, or in some cases, where available, the phsychiatric section of the police department.
***Conduct some online research to find out more about the disease(s), what it means to those around the affected person, and how others handle it.
***Seek assistance from the courts or an attorney knowledgeable in HOA people type of issues.
***Write to the Board if you believe the person is likely to cause damage or harm to the association residents or property.

Beyond this, so much depends on the facts that are occurring, and what in the way of help is available in your locality. The remedies depend on the condition of the perpetrator, and also on what the documents require of the residents, and authorize in the way of remedies.

And, the path to a solution might be found in board action, rallying of neighbors, instituting a neighborhood watch, asking that fines or other penalties be imposed, etc. I hate to be evasive, but what works in one situation might not work in another.

Posted by Beth Grimm at November 27, 2007 10:21 PM