My HOA Neighbor Is Breaking the Rules. What Can I Do?
The New York Times • • technology
Key Points:
- Homeowners’ associations (HOAs) operate under legally binding covenants, conditions, and restrictions (CC&Rs) that dictate neighborhood rules, including fence size, material, and placement.
- If your neighbor’s fence violates the HOA bylaws and blocks your pond view, you should first address the issue through the HOA’s dispute-resolution process required by Indiana state law before considering a lawsuit.
- The HOA is generally responsible for enforcing CC&Rs, and you may seek informal resolution or a court order to remove or modify the fence if the HOA does not act.
- Suing the HOA for failing to enforce rules or for breach of fiduciary duty is possible but challenging, and courts typically focus on compliance rather than awarding damages or refunding money paid for a view.
- Review your HOA documents carefully, as some allow the HOA to recover attorney’s fees if they prevail in court, but this may not apply to homeowners initiating legal action.