Q: Neighbor runs his pool biz out of his home stores toxic chemicals in the trash bin located behind my home what can I do
Contacted HOA they are aware, but told me I would have to contact fire department shouldn’t the HOA be responsible for safety & violations? I’m just renting I’m terrified that it will explode or cause damage I sent photos etc. Can I sue HOA for negligence and putting me and home at risk? They’ve been aware that this tenant next door has been doing this why is it my responsibility to contact the fire department then my neighbor will now be in my face calling the FD and piss off this guy that now could want retaliation I wanted to be anonymous
A: You cannot successfully sue for being put at risk, unless you have actually been injured by that risk. Call Code Enforcement if the chemicals are not legally allowed to be stored there or in that manner. I don't get the reticence to make a complaint. You are willing to file a lawsuit. That is not anonymous.
A:
I understand your concern and desire for anonymity, which I believe is a very real possibility of retaliation. Your position as a tenant is very precarious as well, if the HOA or neighbor starts complaining about you for rocking the boat, your LL can evict you. BUT you cannot sue the HOA because they have discretion in enforcing the rules, meaning that they can enforce them in a biased and discriminatory manner and cannot be held to account for it. This suit is not one that an attorney will take on a contingency, so be prepared to plop down a lot of money. Next, why not take photos and make an anonymous complaint to the FD? They should investigate the hazard because of the hazard, not your concern.
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