What are our rights as a homeowners?

I am a legit homeowner. A year ago a family moved in to our subdivision as a lessee. The family is in a street food business, they make preparations outside their premises, causing flies and rotten smells. Their dogs are on loose and 2 incidents of dog bites have already happened. The food carts are blocking the way that people need to walk from the end of the block since they are second house on the block. The homeowners have petitioned and call for the homeowners association president. But since the president is a close freind of the family, nothing happened to the pettion. The dilemma is happening again. The dogs and ducks are out, carts blocking the way, the water they used to wash the big dishes flows on the street..and now they have added a monkey tied on a public tree. Since we have made a first move, we are requesting for a new meeting with the president. We will ask for a written agreement that the family will sign, if this will no push tru, what else can we do?

6 Responses to What are our rights as a homeowners?

  1. MenifeeManiac

    Call the Health Department; their preparation of food may need to be scrutinized.

    Get your Association friends together and impeach your president, for bias in properly handling your complaint.

    File a civil suit on the theory of public nuisance.

    Call Animal Control to pick up the animals.

    They’ll eventually leave, or end up broke.

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  2. A homeowner’s assc has no legal authority to do anything to anyone. Your issues are with the Health Dept, Zoning Authority, or whatever other governmental agency regulates the conduct which you disagree with.

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  3. Certainly your city has some ordinances about animals running loose and about keeping monkeys in general. Check with your city hall about that (or most can be found on the internet). As for the dog bites, the state probably has some sort of law about that, so if it happens again, you can file tort claims against them. Additionally, the animal control people can seize animals that have a history of biting people. If they are blocking public sidewalks, there’s probably an ordinance against that, too. As for the food issue, there’s got to be either a local or state health code that you can get them on. In other words, it sounds like you’re not getting anywhere with the homeowner’s association, so forget the petition. Find out what ordinances and statutes they are in violation of, take it to the association president and say, “If you’re not going to do anything about this, I’ll take it to someone who will (meaning the mayor or city council or whoever.” You also might check into who owns the house, and what you would have to do to force the owner to get them evicted.

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  4. gulfbreeze8

    Contact the zoning board at City Hall. Obviously, this neighborhood is zoned “residential.” The usual procedure is, If you want to run a business in a residential area, you apply to the zoning board & your request is published in the newspaper at least 3 different times. The people who live near that address are invited to come to the hearing to have their say about why they don’t want this business in their area.
    Then, the business is accepted or refused.

    It doesn’t sound like this was done. They might be breaking the law by operating without permission.

    With the animals, flies and odors, the Health Dept. might be interested as well. Get a written report from them
    before you approach the zoning board.

    Good luck.

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  5. Autobots - Transform

    You need to check about mineral rights and who owns them.

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  6. Legally, either your city health department or city council could handle this.

    However, a better alternative would be to mobilize the members of the association to vote the president out.

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