Neighbor Issues
QUESTION: I have a question regarding townhome covenants and the association’s responsibility to enforce the covenants.
I live in the middle of two neighbors - one side is great and the other side is heinous. A couple, who live beside me, fight constantly and you can hear the cussing, screaming, and throwing objects at all hours of the day. This behavior has been going on for years, but nothing has been done to them. The board, after many calls from me, has decided to start enforcing the covenants. These neighbors have a dog that barks constantly, whether inside or outside, and other owners in the neighborhood have started to complain. I could honestly write a book about the people, but don't want to spend that much time on them. They have left trash in the parking lot, cigarette butts thrown everywhere, and don't keep their unit clean.
Does the townhome association have the authority to take them to court? Do I?
ANSWER: What occurs in and to the common area is an Association matter (e.g. the incessantly barking dog when outside). What happens in a dwelling which is obnoxious to a neighbor or two, but affects no one else directly, is a private matter. The actions of your neighbors, given the appropriate proof in a court of law, likely constitutes a "private nuisance" and an injunction order could likely be obtained. Such an order requires certain actions to cease and puts the offending neighbor in the positions of being fined or imprisoned if it continues. This would not be an inexpensive proposition for you but your mental well being may justify the expense.