Bad HOA

A Bad Neighbor and a Bad HOA Aren't Always Two Separate Problems


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When a neighbor violates the CC&Rs and the harm lands on you, your first instinct is to fight the neighbor. But the bigger fight is often with the association that knows about the violation and refuses to act. In California, your governing documents don't just bind you to the board — they set the rules between you and every other owner, which is why one violation can sometimes give you two separate claims.


This episode walks through the real flashpoints — the towering spite fence, the house painted code-violating black, the upstairs condo tub leaking through common-area pipes, plus noise, parking, and commandeered greenbelts — and shows how to tell which ones are genuinely the HOA's responsibility. It explains the difference between property damage and quality-of-life harm, when a dispute is really a matter for the police, and how board favoritism turns simple inaction into a failure-to-enforce claim. Then we run the whole problem through the STRIKE method so you know how to document it, who to put on formal notice, and when escalation actually makes sense.


What we cover:

• How CC&Rs govern neighbor-to-neighbor conduct, not just the board
• Why one violation can create two defendants — the neighbor and the association
• Failure to enforce, selective enforcement, and board favoritism
• Damage vs. quality of life: noise, nuisance, and the reasonableness test
• When a problem belongs with the police, not the HOA
• The 6-step STRIKE method applied to neighbor disputes
• Mistakes that sink a case and the signs it's time for a lawyer


For more info on this topic, check out our blog post:

https://www.lscarlsonlaw.com/articles/neighbor-violates-hoa-rules-board-wont-act-california

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