Question:
Over 6 years I provided the names and phone numbers of 8 witnesses to my neighbor’s cigarette/marijuana smoking; 4 of those witnesses provided 4 written statements; 1 phone confirmation was provided and all accounts of retaliation by smoker and nothing was done. And, I was given 4 nasty letters from the property manager saying they were going to state me to the HOA’s attorney for harassment (that never happened). The property manager said I had no evidence. Petaluma Code Enforcement Officer Doug Hearn, said IF he cited the smoker it would cause him a lot of work. I believe I supplied more than adequate evidence, am I right?
– Kaitlyn
Answer:
Hi Kaitlyn,
It is important to check your HOA’s governing documents to see if smoking is prohibited. The HOA does not always have the authority or responsibility to step in unless the governing documents say otherwise. If your neighbor is breaking the law, you may report the issue to local law enforcement.
You can ask your HOA to undergo internal dispute resolution with your neighbor. Homeowners can request this of their HOAs in California. You can also go through alternative dispute resolution. These options are less time-consuming and more affordable than litigation.
Disclaimer: We are not lawyers. The information provided on this website does not constitute legal advice.
