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There is a massive new home being being built right next to us.
Our HOA has specific rules regarding construction related activities.
That is, no construction after 7 pm Monday to Saturday and no work on Sundays and holidays.Also no blockage of driveways and mail boxes.I already have had a notice by USPS about the mailbox inaccessibility.
The builder and owner continue to break these rules.I have contacted the owner and HOA multiple times but this persists.Going on for 8 months now....
The owner wants me to prove that these are actually occurring by taking photos.Which I have.
Of course, he regards me as "the bad guy".
The HOA does nothing and I'm in a quandary of what to do next.
Construction time to completion is very slow in our area, more so as this is a $2 million home with an elevator, fancy patio, built in sauna, etc etc.
The arrogance of some of those "with money" really bugs me.
What advice would you give?
(I have a medical condition that is aggravated by noise and commotion.)
A few thoughts.... Did you buy a house that is in a subdivision that had numerous empty lots to be built upon? This comes with the territory and is an inconvenience, but unavoidable. Are the workers hammering and using an air compressor/ect at 7:15 PM or are they carrying on til 10:00? Are they pretty much done working at 7, but loading up tools for 20 minutes?
"The arrogance of some of those "with money" really bugs me"....... This will gnaw at you the deeper you dwell upon that.
Hopefully the house will get finished sooner than later. If it's got a roof on and drywall up, it should simmer down until concrete trucks show up for driveway, patio and sidewalk pours. Blown in insulation will be noisy but last less than half a day.
After the HOA explore your locale's Planning and Zoning/Code Enforcement. In addition to HOA rules there are usually local government rules (where the HOA derives its rules from) covering construction times, noise, etc. The mailbox is a USPS thing.
(I have a medical condition that is aggravated by noise and commotion.)
If the authorities won't help and the HOA won't help, there is only one more source of help available to you.
It's YOU.
You may have grounds for a private nuisance lawsuit (google it) in which you seek an injunction against the objectionable behavior and/or monetary damages if appropriate.
Self preservation is nobody's business but your own.
Park all your cars on the public street in front so they cant move stuff in or out easily. Dont block his drive, but make yourself a pain in his side at least.
Location: East of Seattle since 1992, 615' Elevation, Zone 8b - originally from SF Bay Area
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I would have a lawyer send a letter to the HOA threatening to sue them for not enforcing their regulations. Unless there are city regulations on this being violated, you cannot get anywhere with the builder. For them time is money, they want to get the house finished so they can get paid.
Have your attorney contact the HOA and threaten legal action.
I don't think the rules on the times they can work are reasonable, and they must be reasonable for you to win. Don't even try the medical condition since you bought in a place that isn't built out and you do have some responsibility there.
HOA rules must be reasonable and able to be enforced. They don't get to make things up just to be a PITA.
I have a similar situation where a very wealthy hillbilly owner pretty much does as he and his arrogant wife please. "They have money", after all. So the rules don't apply to them, even though they bought in an established HOA Community.
The HOA is reluctant to go after them for the multiple violations of our covenants because "they have money".
I solved that problem by suing the HOA to enforce. Thayt way it has nothing to do between me and my neighbor (although they aren't that stupid and probably have figured it out).
The matter went to court and the court issued an injunction, which the offending neighbor completely ignored.
And that's where we stand. Had a date to hear the matter, but the neighbor asked for a postponement. Then the judge got ill and so two months later it still has not been heard; the excavation still goes on, for example, and there is no end in sight.
Same will likely happen to you. The "system" which is supposed to protect you is very weak-both the HOA and the Court.
Bottom line is that you can exercise your "rights' but don't expect any marvelous outcomes. It just doesn't work that way in reality (unless you can really find the proverbial "nasty, hard-nosed attorney"--i have yet to meet one). Nobody wants to stand up and put their (legal) foot down, including the court), and so the only outcome is that, over time, the project gets done and another one does not start before the paint is dry on the first one.
Very frustrating. Costly. Aggravating. Wreaks of "My property, i can do what i want with it" in spite of the HOA "rules" which are only as good as the enforcement behind them, which, in my case, is very sporadic and weak.
why are you complaining, in a couple weeks they be gone, play nice, they got make a living too. just turn your tv up
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