April 2009


My HOA Tented my Home for Termites While I was on Vacation and had my Car Towed, Can I be Reimbursed for Towing Fees?

Summary

The HOA had my car towed from my car port while i was overseas because of termite tenting that I did not know about. Can i be reimbursed for towing and other fees involved to get the car back?

Dear Esq. is not intended as direct personal legal advice. For direct personal legal advice regarding your own state and situation you should consult a local attorney. → You should not and may not rely on anything on this website as legal advice.

“The HOA had my car towed from my car port while i was overseas because of termite tenting that I did not know about. Can i be reimbursed for towing and other fees involved to get the car back?

I left for my vacation on November 6, 2007 and came back on November 18 to find my car missing from my car port. After making a few phone calls, I found out that the car was towed to give way to termite tenting. When I checked my mail, the notice about the fumigation from the HOA was postmarked November 7 so it was impossible for me to know about this matter since I was already out of the country. I feel it’s unfair to be aggravated over a matter that I totally had no control over. I would like to find out if I can request for reimbursement from the HOA of the fees to get my car back. And if they refuse, can I file a case with the small claims court?”

The answers to your questions are yes and yes, but you don’t really want to know if you can make a claim or file with small claims. You want to know whether you will win.

For that, the first thing you need to do is look at your HOA’s governing documents. Is there some provision in there for a minimum amount of notice that needs to be given? If there is, is there an exception for urgent or emergency actions?

If the HOA didn’t follow their own rules, then you are probably in a good position to get reimbursed. If they did, you are probably out of luck–but it still wouldn’t hurt to ask. After all, you were gone less than two weeks, and nobody wants to come home from their vacation to a nasty surprise.

How do I Get my Noisy Neighbor to Stop Using our Shared Driveway for his Business?

Summary

My neighbor runs a large landscaping business on two residentially zoned contiguous parcels behind my property. He is allowed to operate a business on these parcels by the Township because one of the parcels is considered “grandfathered-in” with non-conforming business zoning. Although this landscaping business has direct access to a road behind his property which runs through a neighborhood, all his traffic uses my driveway, which I share with a neighbor on the east side. My family and I have been harassed and intimidated since the day we moved in five years ago with four police reports to prove this. My question, how do I get back control of my driveway and ideally, make the business go out the other entrance?

Dear Esq. is not intended as direct personal legal advice. For direct personal legal advice regarding your own state and situation you should consult a local attorney. → You should not and may not rely on anything on this website as legal advice.

“My neighbor runs a large landscaping business on two residentially zoned contiguous parcels behind my property. He is allowed to operate a business on these parcels by the Township because one of the parcels is considered “grandfathered-in” with non-conforming business zoning. Although this landscaping business has direct access to a road behind his property which runs through a neighborhood, all his traffic uses my driveway, which I share with a neighbor on the east side. Note, my driveway accesses a main road. The neighbor with whom I share the driveway is now renting his property and his parking area is located near the main road. This neighbor has even allowed the landscaper to put up signage on his property. Since my parking area is located in front of my garage which is further down the driveway toward the gate of the landscaper’s property, I am constantly having confrontations and stand-offs using my driveway. The speed size and increasing volume of the large trucks is overwhelming. My family and I have been harassed and intimidated since the day we moved in five years ago with four police reports to prove this. The owner refuses to speak with me on this issue even when I requested a meeting though a Town Councilor. The facts are that I do not have an easement on my title that applies to this business’ use of my driveway. The Township says he can use it because its non-conforming status. The local lawyer that I contacted said this business can use my driveway and if I “try to stop him I’d go to jail”: Note, when I first moved in 5 years ago, this property had its zoning designation changed from residential to commercial in the County computer system without a hearing or notice etc. I sent a letter to the DA who chose to ignore it. So, that episode is an example of the environment that I’m working in. My question, how do I get back control of my driveway and ideally, make the business go out the other entrance?”

You’re starting from a false assumption, that you used to have control over the driveway that you can somehow get back. You’ve had three experts who are much better positioned, and know all the facts, tell you that you have no legal basis to stop this use. I’m not going to tell you different unless you have a reason for it.

Clearly, that doesn’t mean that your neighbor has the right to do anything illegal just because he has a driveway. If he goes beyond what he has the right to do there, you can certainly take legal steps to stop it.

Short of that, I think you’re not taking legal action, you’re negotiating. If you can offer your neighbor something–usually money, but not always–he may volunteer to give up his rights.