My brother reported his neighbors to the HOA for smoking marijuana. Now the neighbors are excessively smoking that crap in retaliation. The smoke made him so sick that he vomited violently and had to go to the hospital. My brother and his baby daughter are now living with me because of the marijuana. His neighbors are renting the home next door and the HOA and the house owner wont do anything to remove the tenants. The local police wont do anything because the neighbors are not selling marijuana. Is there some legal action my brother can take on this matter. If so, what kind to lawyer does he need to resolve this matter?
The problem you describe may be addressed through a complaint for private nuisance filed against the neighboring property owner and renters seeking an injunction prohibiting the offending conduct. Alternatively, there may be provisions in the HOA CC&R's or Rules and Regulations that may allow it to take action on your behalf. You should consult an attorney with experience in such matters since these cases present significant hurdles in terms of the proof necessary to establish the claim and obtain relief.
Start by checking with the city. Many cities, especially up in No. Cal. have enacted strict anti-smoking ordinances. If your city has one, you could report the neighbor for violation of that ordinance. If that doesn't work, you may be able to bring some sort of nuisance lawsuit.
Your brother should consult with a local attorney before bringing any such lawsuit.
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