Do we need a real estate attorney?

[SHRED]

We live in town home that shares a wall with a noisy neighbor.
We have tried the City code, meeting with city officials and the Sheriff Dept. to no avail.
I have talked with the neighbor repeatedly about his activities (partying) waking us up at 3:00am nearly every weekend.
We have a signed petition from the surrounding neighbors telling him to knock it off.
We have 3 years worth of incident report numbers of the times the Sheriffs have been called out.

Now I just found a clause in our CC&R's that applies to a situation like this.

We want to take legal action against him.
We have no HOA.
Would we seek out a Real Estate attorney for this?


I have been told that CC&R's are more legally effective and efficient then trying to get the City to enforce the Municipal Codes.
God knows the City is reluctant as hell...we have tried that route ad-nauseam.


Thanks

[philosophie_en_rose]

1. Have a consult with an attorney.

He or she can tell you what needs to happen and you can decide if you want to do it pro se.

[taterguy]

2. If you want to take legal action against someone hire an attorney

Just like if you wanted a part of your body operated on you would go to a doctor

[flvegan]

3. What's the specific clause in your covenants/restrictions

and how is enforcement supplied?

Seems you need those answers first.

[SHRED]

4. We have Home Owners Association but here is the clause:

It is on page 4, section14 "Use Of Units" in paragraph b.

"b. No obnoxious or offensive activity shall be carried on in
either Unit, nor shall anything be done therein which may be or become
an annoyance or a nuisance to the other owner."

[flvegan]

5. There has to be an enforcement clause.

So, there is NO HOA? Is it that there used to be one, but it's inactive?

[SHRED]

6. sorry I mean't to say NO HOA...never did

I'll look for th enforcement clause

[SHRED]

7. I can't find an "enforcement" clause

There is no spelled out mechanism for addressing the provisions laid out in this particular CC&R's.

[flvegan]

8. You may want to consult an attorney to ferret out the "how" on this.

I work for a major title underwriter (Florida) but I can always run it past our in-house counsel. It'd be Florida opinion, but legalese is legalese and might save you a trip and consultation fee.

I'd need a copy, though.

[SHRED]

9. I'll try and scan it...

...it is a copy of a copy of a copy so the print sucks.

Let's do this via private email.

Thanks

[flvegan]

10. Check your PM.

[flvegan]

11. Dammit, I mean your e-mail.

[QueenOfCalifornia]

12. Are you still

being bothered by the neighbor?

I thought we decided to poison him. Just throw a steak with rat poison in it over the fence.

[SHRED]

14. little buddy...

...I wish life was that easy.

[Capn Sunshine]

13. Do you pay any association fees?

To an HOA or other entity? It sounds like you may need an attorney just to produce a competent set of HOA docs. Do you have "reserves" ($$$) for common area maintenence or the roof, stuff like that? How is your insurance written? Who covers the exterior ?
A local title company can provide you with what the city has on file for free.
What state is this?

It's worth the money to talk to an attorney, but I'm not sure a Real Estate attorney wouldn't refer you to someone who deals with torts. The situation you described would fall more under that category if you actually have no HOA. If you have a townhome, that's highly unusual due to insurance and liability issues.

[SHRED]

15. Answers to your questions

No fees.
No HOA
No common areas.
Our CC&R's say we must "agree" before any work done.
We carry our own insurance separately.

Can the title company provide us with what the Sheriffs have on file? They are contracted to the city since the city does not have it's own police force.

California.