Help with a neighbor

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TashaLPB

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My husband and I moved into a new neighborhood last spring. It is essentially our dream home with a great view and nice still air. Late summer, our neighbors installed a fountain that is more of a waterfall than a bubbling brook. When it was installed they told us that they hoped we like it because they plan to never turn it off. Prior to this I would spend every morning outside reading. After a few weeks I really began to get irritated because it literally never got turned off. They would leave town and keep it running. I don't mind the sound when it isn't always there but even my favorite sounds get old over time.

It wouldn't be so bad if I didn't have to hear it all the time or could even go to the front porch for some quiet. But it is always present. I asked them on Sept. 7 if they would consider turning it off when they left for long periods of time. They agreed and for a few weeks life was great. Then October came and back to old ways.

In a mob of tears I talked to them again (Nov 1st) and explained that the constant noise is really getting to me and would they please remember to turn it off when they leave for long periods of time. I have not asked them to sacrifice anything, just for a little consideration when they leave. At that time I was told they forget and that it ruins the filter to turn it off when they go out of town. They also said that in the winter it would never go off and I would just need to deal with it. However, a few days in November they did turn it off twice, much appreciated.

Now, I understand that it may freeze when temperature reach a low point but we have had about 3 weeks with several days in the 50s and 60s and that fountain has not stopped since it froze in December.

My wonderful home used to be my escape. Now, just pulling into the neighborhood creates a reaction that concerns my physical and mental health. We are actually talking about moving which is crazy.

I am frustrated and need advice. We have an HOA which is our next step but I am wondering if I have any legal case if things go that far.

Thanks.
 
Talk to your HOA, talk to your city bylaw enforcement officers. You need to find out what the laws are in your area to make any kind of guess about whether you have any kind of legal action.
 
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