Legal Question in Real Estate Law in California

We've bought a townhouse - the last one in a row of joint-by-wall houses in a community. "My" kitchen wall faces side-street, and right at this wall HOA decided to install the space for garbage bins. And surrounded it with a metal fence (to protect from illegal dumping). The fence is drilled to "my" wall and EVERY time anyone throws away garbage and closes the door, we get VERY loud noise and earthquake-like vibrations that even make our glasses MOVE inside kitchen cupboards.

I am the legal owner of the house, but HOA says this external wall is not mine - it's a community wall. So the HOA "owns" it and can drill whatever they want to it not asking me as the owner of this town house.

We can't sleep at night: some idiots throw away garbage in 2-3am and SHWAAAMMMM the door so hard even pictures on the 2nd floor do shake! My daughter wakes up in tears thinking it's an earthquake. We pay the highest HOA fees in town!

What do i do in such situation? Is HOA right - we should suffer daily?


Asked on 2/19/18, 6:05 pm

1 Answer from Attorneys

The HOA is right. A town house is similar to a condo in that the HOA owns part of the structure and you own part. Where they are wrong is that they do NOT have the right to do whatever they want with their property. They are not allowed to create a nuisance and disturb your right to reasonable quiet enjoyment of your property. If necessary you can sue them for an injunction requiring them to abate the nuisance and for damages.

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Answered on 2/19/18, 6:26 pm


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