I live in a development with an HOA. A Meth head lives with his parents in a duplex across our small cul de sac. He has affected neighbors on the street and on the other side of the walkways with loud f-bomb cursing, interrogating pedestrians including children, noisily throwing items around, doing demolition inside the house at all hours, driving a truck recklessly in spite of the children, pacing and raging around his driveway shirtless and shouting curses at "someone" we can't see. The children are afraid of him and the parents only let them play out front if they are with them the whole time, or if they are sure the Meth-head isn't lurking around.
The parents have locked him out and he removes the sliding patio doors from their tracks to break in. Sheriffs say that since he lives there they can't lock him out.
The renter who shared the party wall was driven out after four years of unpredictable banging and slamming on the wall and loud shouting. The Owner is selling only the empty half of the duplex while keeping the other half. I asked the realtor at open house whether they don't have a duty to disclose conditions to the seller, she said no. I have written to the realtor whose name is on the open house sign. I detailed the years and types of outrageous behavior and gotten no reply.
I went to City Hall to see about code enforcement but was told there is no code for this situation.
When I phoned the DRE they told me they have no jurisdiction. Sheriffs have made numerous calls to the houseover the years, sometimes arresting the Meth-head and taking him away, sometimes just sitting him inside the squad car while his mother cries and begs them to release him, and sadly they do. It takes them longer and longer to respond to calls now.
He wanders around and walks into open garages and if the resident is there, mumbles some lame excuse about why he is trespassing. He opens side gates and trespasses into yards. Sheriffs told one woman there is nothing criminal about that, since meter readers and UPS drivers have access to the yard too. They said she could hang a No Trespassing sign on her gate, which she did.
Thefts from vehicles parked on the street or in driveways forced some of us to buy and install surveillance cameras to monitor our property. My AT&T service runs me $600 a year and I review tapes every morning. He has interfered with gardeners doing their jobs and threatened them to turn off their equipment, and decided to chat up my painters who were hired to comply with the HOAs demand to paint the house trim. One was on the roof, the other was on a ladder. They were not interested in his attention. I warn visitors not to make eye contact with him.
I got a copy of the CC&Rs. It has one section about Nuisance. The behavior is a nuisance and interferes with our quiet enjoyment of our homes. The Quiet Enjoyment Section seems to only deal with the recreational areas, like swimming pools.
(from the CC&Rs)
"ARTICLE XI - USE RESTRICTIONS Section 3 - Nuisance."
"No noxious or offensive trade or activity shall be carried on upon any Residence, or any part of the covered Property nor shall anything be done thereon which may be, or may become an annoyance or nuisance to the neighborhood, or which shall in any way interfere with the quiet enjoyment of each of the Owners of his respective Residence, or which shall in any way increase the rate of insurance."
So, short of hiring a Real Estate attorney is there a remedy anyone on this site has used successfully for something like this? I'm in California.