Home > Legal > Questions & Answers > Residential > Our homeowners association will not help us in getting our next-door neighbor to mow her yard and move a POD from her driveway.
Our homeowners association will not help us in getting our next-door neighbor to mow her yard and move a POD from her driveway.
How can we get them to enforce the laws that they have enacted? The grass is almost six feet tall and the POD has been in her driveway for four months.
First look to the deed restrictions for your community as to the "enforcement provisions" to see if they give you as the owner the right to enforce the restrictions against this owner. If so then you can take legal action against your neighbor directly with the assistance of a lawyer that practices in this field.
If the obligation of enforcement lies solely with the Association, then your best bet is for forawrd them a letter )via certified mail) advising of the violation and demanding that they enforce the provisions of the deed restrictions. Should they fail to take action, you may then take legal action against the Association for failure to meet its obligations of enforcement under the deed restrictions.
You may also want to call your local city or county code enforcement office of the potential violation of local ordinance. Be careful what you ask for here as the inspectors will not just look at the neighbor's property, and should they find a violation on your property or any other nearby owner they will issue them.
I advise that you contact a local lawyer versed in the community association laws of Texas as many states require some method of pre-suit arbitration and/or mediation before these type of actions can be brought in court. Good luck.