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HOA
I currently live in a HOA community. I’m having issues with my neighbors. One literally have 11 cats, all of whom live outside; they do their
Asked on July 18, 2017 under Real Estate Law, New York
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 7 years ago | Contributor
You can't do anything unless they are violating HOA rules (which apparently they are not, if the HOA has been no help) or are violating municipal trash/refuse, housing, or health ordinances. If they are violating muncipal ordinances, file a complaint with the town/city: they can issue fines and summons, which may get your neighbors to clean up their act. Contact your municipal health, sanitation, and housing departments; if you describe the situation to them, they can let you know if there may be a violation and how to take action (e.g. file a complaint).
Unfortunately, if they are not violating any ordinances (and the HOA Is not helpful), there is nothing you can do; the law does not prevent homeowners from doing pretty much what they want with their property so long as it's not violating a specific ordinance, even if the actions are negatively affecting a neighbor.
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