Neighbor Ccr Violation Lawsuit

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Summary

Your neighbor can sue you for reporting a CC&R violation, but California law protects legitimate reports. Anti-SLAPP laws may apply if the lawsuit arises from a public issue. Typically, disputes over HOA rules are with the HOA, not individuals. Reporting legitimate concerns isnt usually harassment, and proving malicious intent requires showing intent to harm without just cause. Consult a local attorney for personalized advice.

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Does this qualify under the anti-SLAPP
California's anti-SLAPP law generally applies when:
- You're sued for acts in furtherance of your right to petition or free speech.
- The lawsuit arises from a public issue.
Reporting a CC&R violation could potentially fall under this, but it's important to consult a lawyer for personal advice.
Wouldn't she have to sure the HOA for not allowing them to have the Airbnb?
Yes, typically it's the HOA's responsibility to enforce CC&R's. If she believes the HOA is wrongly enforcing rules, her legal dispute would likely be with the HOA, not an individual reporting the violation. Consult a local lawyer for personal advice.
So we wouldn't get sued, it wouldn't likely hold up in court? She says we're harassing her by reporting her.
In California, reporting legitimate concerns isn't usually considered harassment. If you're sued:
- Anti-SLAPP laws may protect you
- She'd have to prove you acted maliciously
Still, consult a local lawyer for advice.
How would she prove we acted maliciously?
To prove malicious intent, your neighbor would need to demonstrate that you:
- Acted with intent to harm
- Knew that your actions would cause harm
- Acted without just cause or excuse
Remember, this is a complex legal issue. Consult with a local attorney for advice tailored to your situation.
Wouldn't bit be just cause of it's not allowed in the HOA community? We didn't intend to harm her, we just don't want it next to us.
Your actions seem to fit the definition of "just cause" as you're enforcing CC&R's. Even so, it's important to consult a local attorney to evaluate your specific situation.
Can we get a restraining order on her for her Airbnb?
In California, a restraining order generally requires evidence of harassment, threats, or violence. Reporting legitimate HOA violations may not qualify. However, a local attorney can provide personalized advice.