Monday, December 22, 2014

#TackyXmasLights and Your Legal Rights

My, oh my! The Claus Team did a Google search for
"tacky Christmas lights" and guess what we found? Here are just a few photos we came across:

First, we'd like to ask a few questions to all of our blog viewers: would any of these scenarios bother you? Have any of you experienced this with your neighbors? Please comment below and let us know your stories! We want to hear.

Second, all this brings to mind the legal aspect of this situation. Of course, we at the Claus Team are Realtors and so we are always considering homeowners' rights above all else. If you are finding your holiday spirit dampened by a sensory overload holiday experience, or are finding that a similar situation is adversely affecting your enjoyment of your own private property, you may need to read up on laws that protect you and your rights. Here are some options we suggest exploring.

Covenants, Conditions & Restrictions (CC&R) are laws and conditions usually found in your closing documents that relay your property-owner rights and limitations in a development or community. This includes rights and limitations for members of a Homeowners Association (HOA). As long as these guidelines are federally legal, they apply to you and your neighbors. Our advice to you if someone is taking "deck the halls" waaaay too seriously is to read up on your community or development's regulations to see if you can find reason to drop a complaint to your HOA to attempt to limit some of the madness.

Zoning ordinances and regulations may also help you in an over-zealous decorator situation. There should be a pertinent municipal code within these documents that addresses lighting or decorating. If a neighbor is found guilty of violating the ordinances or regulations, they may be issued a warning or a hefty fine (up to $2,000). Hopefully they don't let it get to this level. 

If neither of these options have been helpful to you, you may consider filing a private nuisance claim. This is intense and may require an attorney. These cases require a lot of detail on the part of the plaintiff, so be sure you have all your facts straight before approaching the judge if you should want to pursue this type of legal action.

We sincerely hope your holiday is full of joy, peace, and goodwill toward men. If you have any questions of any sort about this blog post or anything having to do with Real Estate, we invite you to give us a call at The Claus Team, (210) 566-6355. Our agents are eager to speak with you and find you the answers you're looking for.

Have a wonderful week, a Merry Christmas, and a Happy New Year!

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