In my experience, local governments can’t be bothered. They have bigger fish to fry. And sometimes, they don’t bother with those.Local government -- which is elected, subject to public records and open meetings laws, etc. -- is more than capable of preventing actual dangers to the community.
There’s a neighborhood here in D/FW that had to fight a property owner for years about their permitting illegal dumping on an undeveloped plot, and that case involved toxic chemicals. It made the local news a few times.
The city isn’t going to care much about your issue with the trees on the Jones’ property.
Court is expensive to you as a petitioner- your time and money will be used. You also generally need to show the damage is a result of an actionable cause, such as a faulty repair, intentional harm, or neglect, and that this action directly led to the property's diminished worth. Mere differences on aesthetic views aren’t going to satisfy basic pleadings. Worse, in most cases you won’t be able to sue unless and until the damage has been done unless the damage is reasonably foreseeable or already recognized in prior cases.Civil courts can keep neighbors from torpedoing everyone else's property values (damage to property value is very easy to measure and, thus, show the court that someone's behavior has damaged you).
Not only that, the reward in most such cases will be strictly monetary. You’re probably not going to get an injunction or cease & desist. And once the case is over, it’s over.
Dealing with an HOA is usually handled via simple correspondence, and can be proactive. Where a court case is usually one & done, action via an HOA can be repeated and continuous. That’s good news if you’re trying to deal with a neighbor who routinely violates the Wheaton Rule.
You’re not completely wrong, but I think you’re oversimplifying.HOAs are basically for people who want their aesthetic choices to rule the community.
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