Under what cause of action can I sue a homeowner in my hoa association

[PleeaseHelp]

I live in an hoa community in Ca. and own a house. The neighbors are not complying with the hoa regulations to maintain the trees to the fence and also to cut the lawn and care for plants by cutting off dead leaves. It is both a nuisance to me and an invasion of my property and an ongoing battle with the hoa to get them to take action. I want to sue the homeowners and not sure if the law that I would sue under if for noncompliance of hoa regulations or if its a private nuisance suit. Can anyone help me to understand the best course of action since all else has failed.

 

[ElleMD]

If the HOA does not see it as a violation, there is little you can do unless it is actually violating some local ordinance or regulation.

 

[adjusterjack]

I live in an hoa community in Ca. and own a house. The neighbors are not complying with the hoa regulations to maintain the trees to the fence and also to cut the lawn and care for plants by cutting off dead leaves. It is both a nuisance to me and an invasion of my property and an ongoing battle with the hoa to get them to take action. I want to sue the homeowners and not sure if the law that I would sue under if for noncompliance of hoa regulations or if its a private nuisance suit. Can anyone help me to understand the best course of action since all else has failed.

I don't think that a private nuisance lawsuit requires a violation of an ordinance or regulation, although such violations would be helpful.

Read this article by a California attorney:

http://thejordanlawgroup.com/case-updates-in-the-news/114-real-estate-litigation

And read the California Civil Jury Instructions that provide the elements of private nuisance:

https://www.justia.com/trials-litigation/docs/caci/2000/2021.html

Then talk to an attorney and find out how much a lawsuit like that will cost you. Count on it being a barrel full of money.