Article by Beth Grimm, P.L.C. HOA & Condo Attorney

Owners in a condo association commonly bristle at one rule or another; however, collectively, enforcement of reasonable rules is generally a good thing. Here are some comments and questions from a reader:

“I’m wondering if there is any legal precedent allowing me to store my bike on my 3rd floor balcony. My HOA has so much time on their hands that they walk around and see that I have a broom out of place and send me a warning letter. Now they are doing the same thing for my bike. There is a bike room inside the gated underground parking garage, but this room has been broken into multiple times, resulting in multiple theft and vandalism incidents. On one occasion, my bike’s seat was stolen, another my chain was cut and my bike appeared to be “staged” for theft – they took the front wheel off (something I never, ever do), as well as the seat.

Article by Ryan Treleavan

Under the Condominium Act, 1998 the Board of Directors has a statutory obligation to enforce the terms of its Declaration, By-laws and Rules.  Inevitably, every Condominium Corporation will face instances of non-compliance with a wide range of obligations. Compliance can be achieved through a number of different routes, and the appropriate strategy is highly fact dependant.

In terms of general advice, Property Management should ensure that an effective document retention policy is in place.  Properly documenting complaints is extremely helpful in any compliance setting.  If a unit owner or resident approaches a member of the Board or Property Management with a complaint, they should be encouraged to reduce their complaint to writing and send it to Property Management.  Independent files should be kept for each unit for which complaints have been received.

Properly documenting each step in the compliance process is very important and will save considerable expense should future legal proceedings become necessary.  The following approach is not exhaustive, but serves as a general ‘best practices’ template:

The first step is to determine the validity of the complaint.  If Property Management has received sufficient complaints, it should reach out to the complainants to obtain further information.  Early contact with the aggrieved unit owners is a helpful strategy as it often diffuses the frustration felt by those individuals and combats the common perception of owners that Property Management and/or the Board are not actively enforcing the Rules.  Keeping the complainant involved in the process often reduces tensions throughout the process.

Provided the Board and Property Management consider the complaint to be valid it will be appropriate to contact the offending unit owner or resident in an attempt to schedule a meeting to discuss the complaints. A letter should be sent by Property Management confirming the nature of the complaints received, identifying the specific Rules that have been violated and requesting an opportunity to speak to the unit owners about their obligation to bring themselves into compliance.

During this first meeting you should attempt to obtain as much information about the parties and the dispute as possible.  Hopefully a resolution can be negotiated between the parties at this time, even on a trial basis.  The results of the meeting should be recorded in a letter from Property Management that is sent to all parties.

If the offensive conduct is not resolved, Property Management should write a more forceful letter to the offending unit owner or resident.  In this letter the specific breaches of the Declaration, By-laws or Rules should be identified and detailed.  The unit owner should be informed that the Board has a statutory obligation to enforce these Rules and that if compliance is not immediately achieved the matter will be referred to the Corporation’s solicitor and any subsequent legal fees incurred in securing compliance will be charged back to the unit by way of common expenses as (and if) provided for in the Declaration.

Should a matter escalate to the point where lawyers become involved, the first step is for the lawyer to send a letter to the offending unit holder notifying of the lawyer’s involvement.  The contents of the letter are very similar to the last letter to be sent by Property Management, but includes more exact estimates of the legal fees associated with compliance proceedings.  Often the receipt of a letter from a law firm is a key component to securing compliance.

At this point the compliance route becomes largely dependent on the specific conduct at issue.  Disputes over the terms of the Declaration, By-laws or Rules are required to proceed through mediation and then arbitration under the Condominium Act.  Depending on the specific issue, the lawyers will often recommend an appropriate mediator or arbitrator for the dispute.  If mediation and arbitration fails to secure compliance, the Corporation may proceed to the Ontario Superior Court of Justice to obtain a compliance order.  Once a court order has been obtained, it can be enforced through contempt proceedings or through the local sheriff.

In some circumstances it will be possible to proceed directly to Court to obtain a compliance order. If the offending conduct is likely to injure an individual of the community or cause damage to property, the Condominium Act does not require the Corporation to first proceed with mediation or arbitration. This process is generally reserved for extreme cases.

Ultimately each dispute is unique and the appropriate response will be dictated by the facts of that case.  Ensuring appropriate record keeping and initial response procedures are in place will help reduce the complexities of future compliance matter and reduce the costs of conflict for the Corporation.

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Article by By Curtis G. Kimble.

How to obtain compliance when enforcing a violation of the governing documents can be one of the most vexing problems in a homeowners association.  One of the chief functions of a homeowners association is enforcement of the covenants and rules governing the community.  Even though the individual property owners ordinarily have the power to enforce the covenants, collective enforcement by the community is one of the main benefits of owning property in a common interest community.  However, every board must act reasonably in exercising enforcement powers and must pay careful attention to the law and the association governing documents.  The duty to enforce should not be confused with a requirement for maximum enforcement in all cases.

An association has the duty to use ordinary care and prudence in managing the property and financial affairs of the community, as well as the duty to act reasonably in the exercise of its discretionary powers, including rulemaking, enforcement, and design-control powers.  One aspect of these duties is the duty to avoid creating unreasonable risks of harm to property values by failure to provide for the long term protection and preservation of the property.  On the other hand, overzealous enforcement can create serious problems, including protracted litigation, divisiveness, and disaffection with the community, among other things.

Accordingly, a board must make an informed decision and exercise careful judgment in decisions regarding enforcement.  This fact was completely lost on a board in a Florida homeowners association in a case called Parton v. Palomino Lakes Property Owners Association, Inc.

The governing documents of the Florida association prohibited mobile homes.  A lot owner decided to install a modular home and attempted to have it delivered to the lot.  Three board members literally blocked the delivery of the home by blockading the entrance to the subdivision. This happened on three different occasions.

The lot owner sued the association and the board members individually and won.  The owner was awarded punitive damages of $40,000 against one board member, $50,000 against another and $60,000 against the other.  The owner was also awarded compensatory damages and their attorney fees.

Sometimes “self-help” by the board (correcting a violation directly) is allowed by an association’s governing documents.  For instance, it’s possible that a board may be able to have a professional come in and remove the three feet tall weeds on a lot and charge the cost back to the lot owner.

But how far is a board allowed to go?  Can a board prevent a non-compliant or delinquent homeowner from access to and from the owner’s lot or unit?  Generally, the answer is absolutely not and the failure of this Florida board to make an informed decision and exercise careful judgment before they acted had drastic consequences.  Such extreme personal liability could have been easily avoided if the board had consulted with a qualified attorney beforehand.

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Article by Dionne Petitpas

So why do I need to recycle my lamps?  Do we really have to?  Is there an easy way to do it?

These are questions many Board members and HOAs ask when thinking about fluorescent lamp recycling, and it’s understandable. A tough economy is forcing many of us to trim budgets, raising the question of how to most efficiently dispose of spent lamps. Simply throwing the bulbs out is a very tempting option, is anyone really going to know?  It can be difficult to get our communities to see the point of recycling—trashing lamps costs nothing upfront and requires virtually no labor, giving it a short-term advantage over lamp recycling. But what we need to be clear on is that throwing away lamps carries other financial, environmental, and public relations risks, which often outweigh the comparatively small fee for recycling over the long run.

THE REAL COSTS OF THROWING AWAY LAMPS… In most of the US, and certainly in California, throwing away fluorescent lamps is a violation of state environmental regulations. By throwing out lamps, and violating the regulations, HOAs run the risk of incurring large fines, including Superfund Liability. Government environmental officials regularly investigate reports of noncompliance and, if violations are found, citations may be issued for fines ranging from the tens to the hundreds of thousands of dollars.

THE TOXIC DANGERS… Regulations requiring fluorescent lamp recycling are enforced for a reason. The mercury contained in every fluorescent lamp is potently toxic: just one gram is capable of polluting a 20-acre lake for an entire year. Once polluted, a mercury-tainted environment can contaminate wildlife, including human food sources such as fish, and those who eat fish. All told, about 650 million mercury-containing lamps burn out each year, creating a major potential for mercury contamination if lamps are not recycled.

THE CASE FOR LAMP RECYCLING… For many communities a fine or mercury-poisoning incident is a needed wake-up call that spurs improved waste-management practices. But why pay a penalty or damage a reputation over something preventable? Recycling lamps mitigates the risk of fines and even bad publicity, and dramatically reduces the risk of environmental contamination.

So How Do You Implement a Recycling Program in your HOA?   Despite the many benefits of recycling fluorescent lamps, the prospect of implementing a community-wide recycling program can seem complicated and time-consuming.  But it’s really not.

First, review your lighting maintenance agreement and see if recycling fluorescent lamps is covered. Fluorescent lamps/HID lamps should be recycled and removed from the property and records/recycling certificates should be kept on file for a period of 3 years, according to state regulations.  Some communities have chosen to take recycling a step further by offering a community-wide program where residents can bring the spent lamps used in their homes and place them in a pre-paid recycling box in a secure location, such as a clubhouse.  Once full, the box is sealed, the 800-number called and it is picked up by the carrier at the door.  This type of program works well for communities with on-site maintenance as the maintenance personnel can confidently fill the pre-paid boxes and ship them to the recycler when full.

Remember – a broken fluorescent lamp is a bigger deal than spilt milk!  It requires special clean-up to prevent mercury from being dispersed through the air.  Most importantly, do not vacuum it up!

- Learn more about Three Phase Electric by clicking here -

***EXTRA***

Find out where to recycle your fluorescent lamps  – Visit Business Hazardous Waste Referrals,

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Article by by John R. MacDowell, Esq

Associations rely on assessments. In most cases, they are an Association’s only source of revenue. Yet the lack of equity in homes restricts an Association’s ability to recover unpaid assessments. Often, an Association can expect to receive payments only after the lender has foreclosed and taken title. Only then is an owner in place with the financial resources to pay.

 But how does an Association know when title has transferred to the lender? Senate Bill 1511, which became law January 1, 2009 (and is now a part of the California Civil Code at Section 2924b(f)) allows Associations to receive notice when the bank takes over. Under this law, an Association may record a notice, requiring that a lender mail a copy of any trustee’s deed upon sale involving a unit or lot in the Association.

The notice must contain three things:

            1. There must be a legal description, or the assessor’s parcel number, of all separate interests in the project. This may be complicated in large Associations, but  would only need to be done once. Moreover, the information will be useful in other contexts.

            2. The notice must include the name and address of the Association. Of course, this will be the address of the managing agent, if there is one.

            3. The notice must also include a statement that the Association is an Association created for the purpose of managing a common interest development, as defined in Civil Code Section 1351(a) (part of the Davis-Stirling Act).

 The request will not be effective as to any property currently in default; Associations must record their requests before a notice of default is filed.

After it records its request, the Association will receive a copy of any trustee’s deed on sale, reflecting a transfer to a lender, within 15 days of the date the deed is recorded. After that, the Association will know where to send the assessment bills.

 When the law was first enacted, some County Recorders required Associations to file a separate notice for each separate interest, based on their interpretation of the statute.  This made the procedure impractical for all but the smallest Associations.  To remedy this, CAI-CLAC sponsored clarifying legislation, AB 2016, which allowed Associations to record just one notice, for all lots or units in the project.   AB 2016 became law January 1, 2011.

The law does not solve all problems arising out of foreclosures. Often, banks don’t take title to property, and leave the defaulting homeowner on title. However, SB 1511 is a useful tool, and provides a relatively simple way to solve one assessment collection problem.

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Article written by Carl Brown, RCI, RRO

 Regrettably most HOA boards seem fixated on the bidder’s price as the most important item for selection of a service provider. While soliciting competitive bids for major services is commendable, the process is often poorly organized, resulting is less than complete satisfaction for one or both parties to a contract.

Too often the process starts with an RFP (Request for Proposal). When a service provider receives that form they translate it into “what and/or how do you propose (process, systems, materials, etc) to do this work”. The RFP results in “bids” that vary from apples to lemons and everything in between. How can the HOA board compare these proposals with limited or no knowledge of the trade or technologies involved? That leaves them with only one way to compare and select vendors and that is by price. Boards commonly believe that all roofs are equal and all roof contractors are equal; they are absolutely Not.

THE REAL QUESTION HOA’s SHOULD ASK IS: HOW LONG WILL IT LAST?

The proven, best process for obtaining true “bids” is by using an RFB (Request for Bid). All vendors are provided with full specifications describing what the HOA wants to purchase including what work is to be done and when. That requires the board to select the services and products they determine best for the property in advance. That process can be done in a calm business-like atmosphere, well in advance of a major project like roofing, siding, decking, painting, etc with input from the community. HOA boards are usually quite surprised to find they can obtain a low-slope roof system with twice the life for less than 50% more investment, resulting in lower reserve contributions over the long term. Directors must do their diligence and spend the time to understand the basics of common HOA maintenance systems.

Therefore, using a valid process (RFB) the board and the community owners can benefit from competitive bids for the Same Work and Process. They can benefit from modern technology uncovered in the investigation process thru independent consultants and suppliers. Beware of those who may have a hidden agenda such as a commission at stake.

When HOA boards have wasted their valuable time (and the manager’s time) soliciting and reviewing “bids” that are not equal, many finally turn to independent consultants to help them thru the major decisions they are responsible for making. Why would anyone assume the potential personal liability for major roofing or decking projects without professional assistance? The bottom line is most HOA boards don’t know what they don’t know. Finding an experienced professional is just a phone call away; via CAI & CACM.

- For more information about AWS Consultants Inc services, click here -

Article by Kim Province

It is nearing that time of the year again when the summer sun starts to play hide and seek with the clouds.  Southern California is expecting normal rainfall with January and February predicted to be the wettest months this season. This gives you time to prepare your communities for the rain. If a property isn’t prepared for the rainy season, the inclement weather can create various damages that can be very costly and difficult to repair if neglected, and even add to a devaluation of your association. The accumulation of mold caused by water and dirt can also pose as a health factor.

Below are some tips to help protect your communities and prevent water damage and numerous untimely emergency calls:

COMMON AREAS:

1. Stairs, decks, walkways, stucco siding, planters and misc. wood surfaces – Check preventative maintenance schedules to see if it is time to apply a waterproofing sealant.  If the last coating is unknown, have the components evaluated by a trusted waterproofing contractor.
2. Roofs - Have roofs and flashings evaluated for damages and check for areas that can be sensitive to leaks such as valley flashings and edge metals.  Get proposals for repairs before the rain.
3. Rain gutters - Have your rain gutter cleaned of leaves and debris. If rain gutters are the association’s responsibility advise the board of directors that it is wise to have this done post fall and sometimes half way through the winter( reword this, be specific such as have this completed prior to the winter months). If it is home owner’s responsibility, this is a great time to put a reminder in the newsletter.
4. 4.       Windows and Doors – Check to make sure your doors and windows close all the way with no gaps. This is a very easy way for water to enter and cause leaks, especially on the second floor. Check for water intrusion around the doors and windows. Look for cracking and stained drywall
5. Streets -Evaluate your asphalt for pot holes or cracks that need to be repaired before the winter elements cause any additional damage.
6. Pools - Have water levels lowered in pool & Jacuzzi before rain storms.  Clean all community and pool floor drains. Store all fly away items such as umbrellas, trash cans, awnings, and light weight pool furniture.
7. Landscape – Trim Foliage. Plants and trees can also pose a problem during the rainy season and can be damaged by harsh winds and become a safety issue. Remember trees can have small or shallow root balls and the winds can easily blow them over if the canopies are too heavy. Have irrigation water cycles adjusted to keep ground saturation low.
8. Slopes – Evaluate all community slope area’s and high risk slide areas secured (remove d) with plastic and sandbags to help prevent flood prone areas for the winter season. (Great newsletter reminder for home owners)
9. Electrical – Have all power boxes and exposed electrical wires secured.
10. Review tabled water intrusion bids from last rainy season - Check minutes from Dec-April of last year for area’s that need temporary repairs or securing.  This will save the association money, time, and headache to have these areas addressed and secured before the rain.  Some of these methods include: Urethane caulking, roof mastic, tarps, plastic, sandbags and sealants.

Even the most prepared and maintained communities have emergencies. It is always good for you to know the costs for emergency services and keep the phone number for a 24 hour emergency response team with hauling services and water intrusion knowledge.

We hope you have a safe and emergency free winter season.

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Article by Charles Antis

The winter holidays are a favorite time of year for many who live in your communities.  In fact, most of us get so excited that we decorate our homes with Christmas lights to spread our feelings of cheer.  This enthusiasm sometimes results in damage to the weather-protective system that covers you.  Damages include but are not limited to broken roof tiles and holes punched through your roofing and siding systems.

Roofing and waterproofing contractors delight in protecting your community by keeping it free from leaks.  While dilapidation from age is expected, what is unexpected is damage to your roofs caused by homeowners and vendors.

Roofing/Waterproofing 101:

Your roofing tiles and your stucco cover an asphalt-saturated “paper” which is the actual waterproofing membrane protecting your homes from the weather.

There are many non-penetrating fasteners and clips which are effective for installing holiday lighting and decorations.  Nylon fascia clips and gutter clips are examples. Fasteners should never be installed through the roofing, siding, or metal flashing. Chuck Evans, President of Illuminated Concepts in Laguna Hills stated “The three best methods to attach Christmas lights are the parapet clip, the universal clip and the fascia clip.  By using different combinations of these durable  nylon clips, virtually every roof area lighting pattern can be attached without breaching the roofing system. ”

The only acceptable place for penetrating fastener consider-ation is the fascia board.  The fascia is that eight or twelve-inch  horizontal board that runs directly underneath the edges of your roof.  Mr. Evans advises that “When you must attach the lighting anchors into the fascia, then I recommend using a T-25 (wire tacker). The staples will only penetrate the top ¼-inch of the wood and will not damage the weather-protective membranes behind the fascia.”

Due to the delicate nature of this membrane, broken tiles or holes through the siding can cause devastating moisture intrusion.  Furthermore, once water breaches the weather protective paper, the entire surrounding paper protective system is compromised and loses longevity.

Tips for Holiday Lighting Installation:

No one is suggesting that holiday lighting be outlawed. Rather community associations are urged to adopt some simple rules for homeowners and vendors to follow:

1.  Keep vendors and homeowners off the roof! Homeowners should never walk on your community roofs.  Vendors should only do so when absolutely necessary.  Holiday lighting installation can generally be accessed by the use of ladders.  Not only does ladder-accessed installation help protect the roofing system; it is also much safer than standing on the roof edge.

2.  If roof access is necessary, require vendors to use walkboards.  A walkboard is an approximate 2’ by 4’ section of plywood with a skid-resistant topcoat and a resting point consisting of foam on the bottom. The cushioned platform allows vendors access to the roofing and flashing transitional areas, while not disturbing the integrity of the roof. (See inset article on making walkboards)

The use of walkboards should be requiredfor all non-roofing  vendor traffic.  This is especially true for satellite/ cable installers, pest companies, and painters.

3.  Do not nail or drill through roofing, siding, or stucco

4.  Consider a “Post-Santa” roof inspection.  If your community goes a little “crazy” for the holidays, then arrange a post-holiday inspection from a qualified vendor who can repair and replace damaged components of your exterior shell  system.  At that time all broken tiles can be replaced and all  fastener divots can be properly sealed at an affordable cost. It is imperative that damages to the roof and siding are repaired because the effects of moisture intrusion will surely cause additional  damages to the compromised areas.  Your roofing vendor can provide you with a list of what was necessary so that the HOA can bill the  individual homeowner for the damages they caused.

It is your duty to your community to protect your investment.  A few simple rules will keep you dry and allow you peace of mind during the busy holiday season.

How to Make Roofing Walkboards

Do not expect vendors to bring their own roof  protection equipment.  I recommend that you purchase walkboards or have them made and keep them at the guard gate or the clubhouse.  In a newsletter, inform home-owners that any roof traffic requires the use of the pro-vided walkboards.

- Click here to find out more about Antis Roofing -

Article by Stephanie Christensen

You know you need auto, homeowners and probably renter’s insurance coverage. But, do you really know what kind of coverage your policies offer? The chances are, unless you are well-versed in the ins and outs of insurance, there are a few types of insurance you didn’t think you needed, when in fact, you might. Here are a few of the most-needed and least understood insurance types.

Personal Electronic Equipment Insurance
If you own expensive TVs, speakers or other home electronics, you may want to consider Personal Electronic Equipment Insurance. This type of coverage is broader than what a standard home insurance policy will cover for damage or loss, including those that take place during an installation on stereos, computer equipment, flat-screen TVs and audio equipment. Depending on the policy, it may even cover the repair and replacement of the items.

Scheduled Personal Property Insurance
Scheduled Personal Property (SPP) is handled as a “floater” to your home insurance policy, and assigns specific value amounts to prized items like artwork, jewelry, expensive handbags, designer clothing and furs (You will need to hire a professional appraiser to assign a value to the items). A common misconception is that your homeowner’s insurance policy will take care of these items in the event that you have a fire, are a victim of theft or other disaster which destroys the valuable contents in your home. While that is true, the replacement limits covered under a standard policy are typically much lower than the value of the property that was lost or damaged. For example, a wedding ring lost in a fire might be replaced at a maximum amount of only $1,500, according to the Insurance Information Institute. Furthermore, SPP will cover valuables that are lost during travel, are accidentally misplaced, and even, wedding rings that slide down the drain.

Burial Insurance
You’ve probably heard of people arranging for burial plots before death, but you can also buy a burial insurance policy that will help cover the costs of your funeral. Burial insurance policies are typically sold through independent life insurance brokers, and in some cases, funeral homes. The premium is usually only a few dollars each week or month, and the payout is dependent on the age of the insured at the time of death (The policy will usually pay more the younger the insured is at the time of death). While it may sound morbid, having a financial plan for the costs to cover your death is a fact of life. According to the National Funeral Director’s Association, the average cost of a funeral in 2009 was $6,560.

Dog Bite Insurance
No dog owner wants to think that his or her furry friend could harm another individual, but dog bites do happen. According to the Insurance Information Institute, “more than 50% of them happen on an owner’s property, and they account for one-third of all homeowner’s insurance liability claims.” While most homeowner’s and renter’s insurance policies will cover dog bite liabilities we live in a litigious society, and laws vary by state around owner liability. If your dog bites a person and you are sued, standard coverage limits included in your existing policies may not be enough to protect your personal assets. To increase limits, you can purchase an umbrella liability policy, which will cover you above and beyond the liability coverage amounts in a standard insurance policy.

Flood Insurance
While most homeowner and renter’s insurance policies protect against natural disasters like fire, wind damage, hail and other perils, flood insurance doesn’t fall under the list of covered incidents. To secure protection against flood damage, you need to purchase a separate flood insurance policy.

Wedding Insurance
A lot of money goes into having a wedding, including hiring vendors and paying upfront deposits in order to secure services well in advance of the big day. Wedding insurance is intended to cover any missteps that can happen when it comes to your wedding like replacing lost funds if the caterer you secured with a deposit stops returning calls, replacing item costs if your tailor ruins your custom-made dress during alterations, if the wedding gifts are damaged or you have to suddenly postpone the event due to death or illness. It is often sold through the same insurer you use for your homeowner’s, renter’s or auto insurance coverage.

The Bottom Line
Insurance is based on protection from the unknown. Whether it’s an unpredictable pet, prized possession or pending marital vows, make certain that you understand exactly what is covered in your current insurance policies to determine whether you may need to take on extra coverage, for financial peace of mind. (To read more on homeowners’ insurance, see The Beginner’s Guide To Homeowners’ Insurance.)

Article by Erika Riggs

Your home may be your castle, or your refuge, or your treasured investment, but those warm and fuzzy feelings can sometimes, unfortunately, be rudely intruded upon by your neighbors.

Rusted cars strewn about the property, right in your line of vision?

Unkempt grounds, which make you consider volunteering for clean-up duty so you spruce up your view.

A dog that incessantly barks at passers-by, gusts of wind or its own shadow?

A fence or garden lawn sculpture that flaunts the bounds of good taste?

Any of these nerve-wracking scenarios is enough to sour your domestic tranquility and prompt unpleasant thoughts of revenge or moving far away, fast.

While you can try and turn a blind eye to the things driving that you nuts, there are few things you can do to mitigate frustrations born of a nuisance neighbor. The key goal is to not conflate the problem or make a tricky situation any worse.

1. Communicate first

How well do you know your neighbor? Have you considered that they may have a good reason for not mowing their lawn or a broken-down vehicle in their driveway? It is easy to jump to conclusions, or harbor feelings of anger. But sometimes, it’s impossible to know or anticipate what your neighbor’s situation might be. Before you do anything, like call the police or municipal code enforcement agencies, it is wise to talk face-to-face with your neighbor. Approach your issue respectfully and see if any amends can be made. You may get an unfriendly response, but sometimes, the mere act of your concerns may prompt a positive response you would have never anticipated.

2. Talk to other neighbors or a homeowners association

If you live in a neighborhood with a homeowners’ association, it may be most appropriate to address your concerns in this group setting. You can vet the problem, including steps you’ve already taken to try and mitigate the situation. If you don’t have an association, it can still be be helpful to seek the counsel of other neighbors. If you are renting, you may also take the issues to your landlord, who may have ties to the neighborhood that can achieve better results.

3. Research your rights

While you may hate the color your neighbor chose for their home, it probably isn’t something you have any control over. There are other issues, however, that can be brought to your city or local government. Contact your code compliance departments to see what issues they have addressed in their jurisdiction. If there’s a potential safety or health violation, local authorities will want to be involved, especially around these issues:

• dilapidated structures, fences
• abandoned vehicles — either in the street or on properties
• outdoor storage or junk
• yard maintenance
• trash disposal
• vegetation overgrowth
• vacant buildings
• parking or common area issues

Issues of noise and animals are usually delegated to the police and animal control, respectively.

Some cities will even offer a mediator to come to your neighborhood and work with the opposing parties to find a solution.

4. File a complaint

If your own attempts to mitigate an issue have failed, you can take it a step further. In most instances, photos, notes and dates will be necessary to document your case. Each municipality will depend on the amount of time they’ll take to deal with the complaint. Most cities will first send a formal warning and inspector to follow up with the neighbor. While some cities allow anonymous complaints, you may have to identify yourself in further proceedings.

5. Municipal court and beyond

It’s rare, but some neighborhood problems will be directed to the civil or criminal court system depending on the severity. Obviously any illegal activity will fall under the jurisdiction of the police and homes that are determined to be a health hazard can be torn down by the city.

End problems before their start

The easiest way to avoid neighborhood issues is to build a good rapport with your neighbors. You don’t need to be best friends with the people living on either side of you, but waving and making an effort at small talk can go along way.

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