That's a tough call. As you can see by the lack of other responses.

Have you spoken with the tenant at all about bothering the dogs? She shouldn't do that whether the apartment is allowed or not. Same with the light: maybe it could be re-aimed so it doesn't intrude into your space.

If you get nowhere on your own comfort, that might be a reason to say something.

You are the only one the neighbors illegal apartment bothers. As I see it you have two choices. Either report it to the HOA or do nothing and put up with it. Don't expect someone else to do your dirty work.

I fully understand your frustration. I worked in code enforcement for 7 years. It was my contention that codes should be enforced by violation and not by complaint. That way the neighbors do not have to be the bad guy.

Of course it is not always possible to " see" every violation, but often times when they are seen the code department just ignores it. Rentals are often the biggest problem. This is not prejudicial. I lived in rentals for a total of 20 years , owned rentals for 30 years, and married a man who grew up in a low income housing project. I understand rentals. They are a business and need to be monitored.

That being said, I would talk to the owner, remind him of the ordinance, and then report him if he does not end his rental business.

I’m with mdln, my gloves would come off the second my dogs are messed with, I wouldn’t hesitate to file a complaint

Mdln and gl0ssy you are right, the dogs should have been the last straw. Bottom line this is my home and I’m not enjoying it as I am entitled because my neighbor makes money breaking the rules. He relies on my tolerance/ fear of rocking the boat to do so. I think talking to him directly won’t change anything and it will remove all doubt about who complained. I’ll let the HOA know and urge them to enforce the rules. All these comments helped me refine my thoughts. Thank you!

Good luck! Let us know how it turns out

Your HOA needs to enforce the bylaws or what good is it being in a HOA. You are paying fees every month for that so it needs to be done. Sounds like they enforced them before. Others in your HOA should be concerned of a others doing this.

Your neighbor might be in the thought. It's easier to ask forgiveness than permission. So he and others will use this same philosophy and get away with more by pushing boundaries.

My parents live in a upper middle neighborhood. The city a times are reluctant to enforce codes. One in particular for years. He does not live in it but tells the city he does. Basically has set up a rooming house with six people in their own mini efficiency rooms that share a two bathrooms. Even has home tax designated as a seasonal home. It's bizarre. Also built a oversized "shed" taller than his garage. City approved plans for a small, shorter shed. He was told to modify it to approved size. He hasn't, city does nothing.

if the stairway is in the setback it is probably not permitted. You can report this code violation to the city. Typically many cities have a 5 or 10 ft side setback that cant have structures, but it will vary by city.

I personally think people should be able to have apartments like this, but if you dont like it, complain to your HOA. If you complain you will be the bad guy you cant have your cake and eat it to. you can either not complain and live with it and avoid conflict or complain and create conflict.

Thing is, if the HOA bylaws say you can't do it, that's the price of living in that neighborhood. It is what it is. I'm curious whether it's actually in a covenant in the chain of title - i.e. was created with the plat of the neighborhood - or how it is set up in your case. But the point is, if the neighbor wants to rent out a room, he should live somewhere where he can do that. You can't do that here.

I would be blunt with neighbour. Lay out the issues you have and see if he will remedy them. Say you’re willing to let it go but only if he fixes things that affect your ability to enjoy your property. Make his tenant behave, move entrance etc. Say if your concerns are not addressed you’ll have no option but to report him.

Thanks again for everyone’s comments. To answer some of the questions mentioned, the prohibition on the apartment is in Covenants and Restrictions recorded on the property before any home lot was sold. So we bought our homes subject to the restriction.

City enforcement won’t do anything. They admitted the stairway was a zoning violation as are the motion detector lights. They admit the apartment violates zoning too It’s “trendy” here to advocate for density and I think they have been told to lay off these mother in law apartments. I don’t know why the City doesn’t zone an area for more apartments instead of advocating for ad hoc DIY density. This is not a fully developed area so they could do that.

I have now called the HOA but the person I need to speak with is out this week. (Naturally!)

I do have some empathy for the tenant. I don’t like putting someone out of their home (and I’m not sure reporting the apartment will cause an eviction or just an agreement no more tenants after she leaves) but on the other hand the apartment is creating bad precedent for enforcement of the CC&Rs, diminishing my privacy and probably decreasing the value of my home. (And the tenant hasn’t been so nice to my dogs.) It’s been difficult weighing it all out and finding the right thing to do. But I still think pushing the HOA to enforce the rules is best. Thanks.

If they allow this for one it will have to be allowed for all. Can't pick and choose randomly who it is OK bend for and not OK for. Then what good are any restrictions. Start decorating your yard with pink flamingos.

The minute anyone messes with someone’s pet is the same minute I lose any sympathy or empathy for them and any issues they may have, past, current, or future. That’s just mean spirited.

You might get lucky and the guy sells the house to a family with four socially popular latch-key teenagers who all have their own cars and motorcycles.