Question:
According to our HOA CC&Rs, “Any noxious or offensive activity, which creates a nuisance or disturbance to residents, is prohibited.” Our townhouse shares a common wall with a neighbor, along with the patio fence. The neighbors have erected a 14-foot basketball stand on their patio. Their son plays basketball several times a day. The problem is the noise level and sometimes the ball hits our common wall which is very loud. We talked to the HOA manager and the HOA Board President at length about this. They told us our neighbor as the right to use the patio for this purpose. We feel this basketball play is a serious disturbance to us. Do we have any recourse? Do we need a lawyer, and if so, what type of lawyer could help us? Thanks.
– Mike
Answer:
Hi Mike,
It is a good idea to talk to your neighbor about this and try to resolve the issue neighbor-to-neighbor. If the HOA won’t help, you might also consider alternative dispute resolution before contacting a lawyer.
Disclaimer: We are not lawyers. The information provided on this website does not constitute legal advice.
