This is a pre-litigation matter. Claimant owns a unit in a small (<20) unit condominium complex. Claimant contends that for more than a year, noise and vibrations have been continuously penetrating from the maintenance room located below their unit in the subterranean parking structure. The noise and vibrations are loud, constant, and can be sensed throughout Claimant’s unit. Claimant has made efforts to have the HOA address this issue, allegedly to no avail. Claimant’s wife is pregnant which has compounded the issues arising from the alleged long-standing noise and vibration issues. Claimant inter alia alleges loss of use, diminution in value, interference with quite use and enjoyment, as well as a BI claim on behalf of his pregnant wife. Further aggravating the dispute is that the Claimant has had other maintenance issues with the HOA which have allegedly remained unaddressed and/or inadequately address such that his confidence in the HOA’s intention and willingness to resolve the issues has come under question.
This case arises from a dispute between owner for real property Plaintiff and Defendant and the property management company Defendant. Plaintiff’s property is part of a complex of condominiums governed by the HOA. Plaintiff alleges that the property continues to be damaged by water intrusion issues from various sources that are owned, managed or controlled by the HOA.
A case involving a Plaintiff owner and the upstaris neighboring owner arising from an ongoing nuisance by caused by Plaintiff’s upstairs neighbor. Plaintiff suffers health problems and the neighbor habitually smokes and causes smoke to enter Plaintiff’s unit. The neighbor also throws butts below outside of Plaintiff’s window which have accumulated by the hundreds. Plaintiff notified the property management on several occasions, but the issue continued. The lawsuit is against the HOA for failure to enforece the operative CC&Rs and failure to otherwise prevent the upstairs neighbor from creating an ongoing nuisance.