My Neighbors Are Harassing Me—What Should I Do?

Dear Newsweek, I need advice on how to handle harassing neighbors. I purchased my townhome in 2018 and within the first week, my neighbor had complained that the previous homeowner didn't maintain the landscaping, so as a sign of goodwill I cleaned up the area.

The next task was for my boyfriend to help them change their water dispenser on a weekly basis, which we did. Most times they needed it changed, they would bang on our door as if it was urgent without considering people work from home or if my boyfriend went into the office. Things progressively worsened in 2019 when we started noticing them throwing trash into my front lawn, and then later dumping dirty water into my lawn. They continue to throw trash into my front area to this day. To add to that, they were turning off the water connection to my sprinklers and it got to the point that the entire sprinkler system for the community broke.

The neighbors have also filed complaints that they are noticing leaves falling into their patio from my tree even though we have identical trees in our patio. And, on a weekly basis, their gardener blows all their leaves into my area. In which, I have asked my neighbors to please have their gardener pay attention to what they are doing, I have also reached out to the gardener, and I have made multiple complaints to Home Owner Association (HOA), and my association has done nothing.

There are also constant complaints when I have construction workers in my house either with parking "too close" to their car, or noise during the construction work. The most recent incident is that they had visitors over. The visitors were parked on my area, and they also had a kid who was picking fruits off my property (trespassed) and started throwing/smashing the fruit on my driveway. My mom confronted them and told my neighbor that they needed to be responsible for their visitors. The situation escalated into a huge argument and they told my mom:-

1. I am crazy for making a big deal of the situation
2. They are allowed to do that
3. My mom should learn how to speak English

Other neighbors in the community have issues with them also, but since other people are civil, they do not retaliate.

Jasmine, California

'Everyone Must Live Together Under a Set of Rules'

Shaun Pappas, a partner at Starr Associates LLP, in New York. Pappas leads the real estate practice at the firm assisting homeowners and buyers along with developers, lenders and investors in the acquisition, sale, and financing of complex commercial, mixed-use, and luxury residential properties.

Unfortunately, the circumstances of your situation are not unique. Dealing with overly intrusive or disrespectful neighbors can be a difficult situation. However, when purchasing in an HOA community living regime, the governing documents provide the Board with various powers to adjudicate issues amongst neighbors and ultimately issue fines if necessary.

It seems like you have gone to the HOA already, but have not received an adequate response. My suggestion is to detail the exact complaints in a comprehensive letter, summarizing the issues with your neighbor, and send it to the HOA demanding that the HOA take action under the by-laws that govern the association. If that does not work, you may need to retain the help of a local attorney. Typically, an attorney will review the HOA documents and see what rights or remedies are offered to an owner who is having issues with a neighbor. The attorney can also direct the Board to the adequate resolution procedure and point out or demand the remedy that the Board should impose against the neighbor.

This is a community living area, you are not subject to the whims of an uncontrollable neighbor and have the right to live peacefully in your home without disruption. Everyone must live together under a set of rules that they have approved prior to purchasing within the community. People sometimes need to be reminded of this, and one of the Board's main purposes is to govern the community so that everyone lives cooperatively and respects each other and their property.

Just as if a neighbor was having inappropriately loud and late parties that had noise emanating through to the other owners, the HOA would direct that person to cease such actions. Similarly, here, the HOA should be getting involved to ensure that the neighbors are acting according to the governing rules. Engaging the assistance of counsel can significantly increase the pressure on the HOA, as well as the neighbor, to abide by these rules.

Call the Police Next Time There Is an Incident

David I. Schachter, is the founding partner of The Schachter Law Firm, LLC, in Savannah, Georgia, where he specializes in family law.

Dear Reader, I am sorry to read about your troubles. Naturally, you want to feel safe and respected in your own home and neighborhood. It appears that you and your boyfriend have gone above and beyond to be kind to the neighbors. Rather than showing appreciation, your "harassing neighbors" have developed a sense of entitlement to the point where they don't think twice before banging on your door whenever they want something. Frequently, an attempt to calmly discuss concerns with neighbors leads to a resolution. Your neighbors do not seem to be that reasonable, however. Clearly, they have no respect for boundaries. Every situation is unique, which is why you should consult with a lawyer. I have some suggestions on steps that you can take to increase the likelihood that you will ultimately enjoy the peace you deserve in your own home.

First, carefully review the rules and regulations of your HOA to ensure that you have followed all protocols. Unfortunately, not every situation is resolved easily even when complaining to the HOA. It is not uncommon for a fellow HOA member's behavior to cross the line and become more serious. Your HOA should have an interest in trying to resolve the matter because neighbor harassment can detract from the overall appeal of the neighborhood. An HOA can often impose fines or revoke privileges of an offending member if they do not follow the rules. Consequences should be outlined in your HOA's governing documents. If you have done everything that your HOA requires but they still will not intervene, you likely will have no choice other than to take more serious action.

Second, if you have not already done so, start keeping an incident log and collect evidence to document the harassment. While doing so, be sure to resist the temptation to respond to the neighbors with negative remarks of your own no matter how much they may frustrate you. Instead, do your best not to say or do anything to engage them or cause retaliation. Always try to keep interactions as non-confrontational as possible. On a related note, in the future I would suggest that you not have your mother complain to the neighbors on your behalf. The way that they responded to her was unacceptable, but your mother confronting them probably made things worse, especially since they do not have any obligation to her.

Next, you mentioned that other neighbors have an issue with your neighbors as well. If those other neighbors have witnessed any of the harassment, heard what your neighbors said, or saw any damage occur, then ask them if they will provide written statements or an affidavit of what they witnessed, which can be used as evidence in your case. Also, whenever there is an incident call the police and have them come and make a report. Sometimes the police may find grounds to make an arrest. While the police may not do anything other than write a report, the report itself is still important to have documented, as it will serve as evidence of the ongoing issue and a pattern of behavior.

Finally, your lawyer will have many different tools in his/her arsenal to address these ongoing problems in a way that makes your neighbors take your concerns more seriously. This could entail anything from sending a cease-and-desist letter, engaging the neighbors in mediation if they are receptive, seeking a No Trespass Order, or filing a lawsuit.