Legal matters are so stressful. And this could drag out with collection issues... Plus, IME small claims courts commonly split the disputed amount down the middle, and I've never seen punitive damages awarded. There is no such thing as an ironclad case.

It seems like a lot of aggravation for approx $375 less your filing fees, I would be jubilant that the vent is out (congrats on that, good job), consider their cost of removal and re-bricking just punishment, and stop and smell the roses. Literally.

"they never paid that $750." Based on your posts on this matter, I am not sure.

I'm not sure either. In time, the $750 expense will fade -- as all monetary outlays do. I can't be so sure about my resentment, though. That's all on me, however.

It depends if you are by nature a terrier or a cat. DH is a terrier. He would go after it. Someone said there would be satisfaction in a lien! But that could take years to come to you, so it will still be hanging over your head. I'm a cat. I'd let it go. But maybe you could get a couple of sturdy make friends too come hang around their side of your front yard in sunglasses.

I think that you should let it go and save your headspace. Although aggravating to the nth degree, it was in the end your choice/decision not wait it out while the HOA dawdled. Had you waited, you would perhaps not have been out the money. I would go after the HOA. What is the point of having one if people can disregard their “orders”. It also makes me wonder about the contractor who put the vent in...he did it against the rules (which perhaps he should have known about?)

Sometimes it’s empowering, even though we know we’re in the “right”, to just let it go and feel good about the accomplishment of doing that.

it was in the end your choice/decision not wait it out while the HOA dawdled.

That's true, but I'm a bit torn on how I'm viewing this fact. Had the neighbors not installed an illegal cooking in the first place, no action would have been necessary -- so in my mind, that's the real issue at hand, not how quickly it was addressed -- but the fact that a restrictive covenant was illegally broken.

Sometimes it’s empowering, even though we know we’re in the “right”, to just let it go and feel good about the accomplishment of doing that.

Yes ... this is what I keep coming back to; if we ARE indeed able to just let it go, there is surely some power in that, no?

Thankfully, the attorney's letter resulted in swift action and you can enjoy your garden again. I would pursue nothing further with the neighbors.

My beef might be with the HOA for not following up in a timely manner, thus resulting in your out of pocket legal expenses.

I’d just move on. You’ve spent enough time and money already and anything further is only going to deepen your resentment. If it were me, I’d make a conscious decision that I’m going to be at peace and enjoy my backyard. Otherwise, I’d just end up feeling like I “lost” somehow and won’t ever look at my backyard with joy. (Hope it doesn’t come across as preachy, but I am only outlining a similar process I went through myself before I could finally quiet down a perennial nuisance in my head.)

Perhaps they were taken advantage of as well, because that contractor installed the (Illegal) vent and they paid for it. If they knew before they did it that it was “illegal” then that is one scenario, , but if they didn’t and just assumed the contractor would only be doing stuff that was legal then they got burned too.

You have proven to them you are not going away. It’s possible that they have talked to a lawyer on whether they have to reimburse you legally. They probably already know if they wait for small claims court the amount will half.

I would want to proceed but my husband would not. It’s possible I missed it but what does your partner say? If he wants to drop it, it’s not worth the extra aggravation to be you against the world for under $400 bucks.

I have no way of knowing what they knew or were thinking when they installed the vent. It's hard not to see it as "entitlement", in a sense, because apparently here's a young woman who claims the noxious odors inside the home are too much for her asthmatic condition, but thinks nothing of pumping the emissions directly into our property. Not even near the property line, but OVER the property line, and into the very small outdoor space that we have to call our own. I wouldn't think it would take a friggin' genius to recognize the offensiveness of that gesture, no matter what they knew or didn't know about covenant restrictions. In any case, ignorance of the law is not a valid excuse, although I realize that it CAN be a "reason." There are just certain ways of behaving in a close-quarters community, extending courtesy and consideration to neighbors, and that was not demonstrated to us in this situation. Never mind the illegality of it; the simple fact of "I can't stand this in my house, but here - let me just send it out to the neighboring property" is an absurdity.

Anyway, I do appreciate the input; it's helping me to gain a clearer picture of how to proceed.

The more I think about it the more I’d be going after the HOA for the legal payment. They have rules and if they don’t enforce them what good are they - why even have one! It is their responsibility to enforce the rules in a TIMELY manner. Surely there is a lawyer they have access to (I have no clue how HOAs work) and their lawyer could have sent a notice just as your lawyer did.

I see it similarly, Mtn. If they had made any effort to apologize I would just drop it. However, their curious lack of even fake remorse would inspire me to collect the $750 just to remind them that the next time they feel like "improving" their house they'd better check with you first--or at least consult the HOA rules.

Gargamel- the HOA did send a letter demanding removal. They just didn't follow up when the homeowner ignored it. Then, IdaClaire hired an attorney.

Some people just don't care how their behavior impacts other people

I had a neighbor with a large aggressive dog get loose and attack my little dog, on my own property - and when I called her to ask her to come get her dog, she yelled at me because she saw me years ago once let my dog go to the bathroom on the land across the road from her house (land which I owned, mind you). I was speechless at it all.

Never apologized, never asked how my dog was, never offered to pay the vet bills, nothing. I took a peak at her Facebook page and was appalled at the narcissistic tendencies on full display.

So I decided to let it go because I wanted nothing to do with her. I just knew it would escalate and never end peacefully. Some people are entitled, some are just flipping nuts.

It's easier on my psyche to walk away from those folks whenever possible - but I understand everyone needs to decide where the lines are for themselves. Ida's neighbors remind me of that former neighbor of mine and it's just too much for me to engage with that level of entitlement, or crazy, or whatever it is.

In a way, Ida Claire, their total disregard and inconsiderateness (is that even a word. 🤣?) for surrounding people and the fumes they were pumping out is not much different than those people who don't social distance and don’t wear masks. There are a lot of inconsiderate selfish people in the world. We can’t foresee the future but perhaps the possibility of you being forever resentful will change. Health and mental health is important imo

I advised going after the 750 because I thought it'd be "stuck in your craw."

But reading some of the replies, it occurs to me there is a way to frame it to yourself that may work for you. It's all about the self-talk.

My contractors used a travertine marble sink to wash paint brushes, a decade ago. The sink is one piece and, believe it or not,continues on the walls and floors. Every time I use that PR (rarely thankfully) I am newly pissed off. I run through the same sentences in my head about what azzes they are, and how it can't be fixed without ripping out everything. Perhaps you have better mental health!

But maybe this should be the script in your head:

I hired a lawyer to expedite the process, and that was well worth it to me for the peaceful enjoyment of my space. It was my choice to spend that money, and I do not regret it. Pursuing legal fees would undermine my success as it would interfere with my now more peaceful life. Karma is a well, you know. Ommmmmmmm...

: )

I agree with what Zalco and Ann have written. Don't write a letter trying to make nice or appeal to their moral character or to offer a compromise. IMO, any correspondence should come from your lawyer.

If I were a lawyer counseling them, I would tell them to wait you out and see how far you plan to take this. Which is - when you think about it - what they have done all along.

As my ex is fond of saying, there are two types of people in the world, sheep and wolves. And these people are wolves. They do what they want until their backs are against the wall.

I'm not suggesting you take them on because in the scheme of life, this probably isn't worth $750 to you to continue it.

Ida, did you say the homeowners are weak and the young woman is in control?

If so, they might make very sympathetic witnesses. Teary-eyed renditions on how they had no idea you used that space often (no windows on that side of the house, how could they know?). They thought the vent would filter the exhaust, it couldn't possibly be a problem out in the fresh air (otherwise they never would have done it). They went through considerable trouble and incurred a huge expense (cost of vent, installation and removal receipts) to rectify it as soon as they could get a contractor (good ones are hard to find/schedule). Plus, their doctor told them they needed to do it for health reasons (they are asthmatic which is why they would have been so sympathetic to you. Had they only known, they never would have spent the $2k? for all this trouble. If only you would have waited for the HOA or for them to get the contractor, you never would have incurred the $750 cost. That was your decision, and they wish you could have just been a little more patient. They are so sorry about the whole thing (more tears), but it would be so unfair to burden this little old couple with your $750 that was unnecessarily spent because you wanted it done NOW and they had to pay a premium for the ASAP contractor.

So all this to say, how would you feel if you move forward, and lose? What if the lawyer arbitrator/judge decides they are a sympathetic defendant and just feels sorry for them? If you could shrug off their victory (whole or partial) and be happy you had your bite at the apple, go for it. If that will make you more bitter, think carefully.

I like mtn ommmmmm approach.

I'd probably let it go only to the degree that I wouldn't spend any money on it to pursue it but I would contact board members individually. I would NOT deal with the neighbor.

Another skimmer here.

My feeling is that in this country we hire lawyers to get stuff done. And it costs us money. Which means the option is a privilege not provided to everyone. But I digress.

So when we take that option, we value the thing over the money.

I never hire an attorney thinking I’m going to be made whole. I hire one to get my sh*t done, pay the fee and move on.

I hired a lawyer to expedite the process, and that was well worth it to me for the peaceful enjoyment of my space. It was my choice to spend that money, and I do not regret it. Pursuing legal fees would undermine my success as it would interfere with my now more peaceful life. Karma is a well, you know. Ommmmmmmm...

I agree with Mtn - if you can reframe how you view this and truly let it go and enjoy your space without thinking about it all the time, that would be ideal.

I'm not entirely sure that even if you prevailed and they paid the money they owe you, you would not still feel resentment that you had to go to through all of that misery and legal action. I probably would and it wouldn't be in my best interest. I'm so sorry this has been so difficult.

I never hire an attorney thinking I’m going to be made whole. I hire one to get my sh*t done, pay the fee and move on.

Well put, and possibly the one thing I needed to read above ALL else. Not that the other comments aren't important - because each and every one is -- but this one really strikes to the heart of things.

If it were me, I would let it go. Life is too short.

So do you think you will be at peace with it now? I hope so

I always weigh possible regrets. In the future, will I regret not seeking payment? Or will I possibly regret opening a bigger can of worms, investing time, more $, loss of salary, inflaming the neighbors, etc. and maybe still not have the $.

I had to consult an attorney about a property line trespass a few years ago. Neighbors built 2 small outbuildings (chicken coop and woodshed) on what I was pretty sure was my property. I ended up having to pay for a survey because we couldn't find the line markers. It was several thousands of dollars that I had to pay. Really made me mad, but they were very mad they had to move their sheds. I probably could have sought compensation for at least half the survey and attorney's fees, but I decided to just be satisfied that I "won" my property back. You've already "won" your fresh air and peaceful enjoyment of your space.

This comes down to human nature, yours and theirs--do you want to be right, and rub it in their faces and extract what you are legally due, or do you want to prevail, let it go and consider that $750 is a very cheap price to learn a lesson about buying a property with zero lot lines, not knowing who is going to be your neighbor tomorrow or next year? Trust me, it could be worse.

That $750 likely won't be missed much by you, but if they have to cough it up, you can likely count on some other aggravations to deal with, maybe worse than cooking odors, and maybe something that for which there is no legal recourse.

Good luck.

I have found that life is short.

While I said I would let it go - and I would let the $750 go; I do think (as others suggested) I would contact the HOA. IMO, they rather dropped the ball. Guessing that you plan to stay in your home for some time, THAT would bother me.

The comment above that we have "learned a lesson" about buying a zero lot line home is off base, IMO. We would expect our neighbors to abide by contractual obligations whether we lived in an adjoined structure, such as a condo or apartment, or on a vast amount of acreage. None of us can be assured of who our neighbors will be, and I know a number of cases where homeowners suffered due to inconsiderate buffoons who moved into an adjacent 5-acre plot. The fact that we are zero lot line residents is merely coincidental to the issue at hand, which is neighbors who, for whatever reason, chose to break a contractual agreement.

Aside from that point of disagreement ... thanks to all for the comments. Really.

No disagreement. but an acknowledment that expectations of everyone complying with HOA regulations, getting permission from a committee before installing landscaping or remodeling, or even being considerate, is wishful thinking.

I speak from experience of hiring an attorney because an HOA refused to enforce covenants which directly affected my property site lines and value. There was no question I would prevail and I did, immediately. It was worthy every penny.

Considering worse case scenarios, asking about restrictions for developments adjacent to property, height limitations of other residences, etc., easements, property value and continuity issues, plantings on property lines, animals allowed, and considering how much of an inconvenience a violation would be are all factors we learned to consider when buying and building.

Everyone has their own tolerance level of aggravation, proximity and tradeoffs.

Glad it is resolved.

Off the topic, but something that went through my mind when this vent first came up - wasn't a vent required in the kitchen by code when the house was built? (not vented through the wall, but up through the attic)

Our lake house was on 5 acres, as were all of our neighbors. I could still hear their ATVs. Zero lot lines are not the problem, inconsiderate rule-breakers are.

If it were me, because of how the neighbors handled the situation, I would file a Small Claims Action and if I prevailed, I would not only file the necessary liens, I would have them served with an ORAP which is a judgment debtor proceeding to ascertain their assets. I would then get Writs of Execution to garnish their wages and/or bank accounts. I am not familiar with Texas law but the States of California and Oregon allow this.

Since they acted so quickly after they received the letter from your attorney, perhaps they would act as quickly when served with the Small Claims Summons and Complaint and offer to settle by paying the $750.

I do know, however, that collecting on a judgment is not easy and many times not possible for various reasons but I think I would feel better at least trying (maybe :-)).

If you're able to compartmentalize and not stew in negativity, I would proceed with getting reimbursed, even if it means small claims court and a lien. I would make a hobby out of it by daydreaming up a list of things to do with the money...some wonderful garden art, a gift to favorite animal rescue, handcrafted voodoo dolls (j/k). Then you can focus on the potentially pleasant outcome, and keep chipping away at your own pace.

If pursuing reimbursement will only keep you in a negative place, I would let it go as money well spent. I've been in both spots before.

They may still have a few days left to pay either the $750, or the $250, or both, so for now I'd just wait them out.

Then, only if they don't pay, ask the lawyer how much it will cost for a follow-up demand letter for the original $750 attorney fees, plus the now added second demand due to non-response. The lawyer can require the payment be made to him/her (recovering their fees) and leave you out of it.

I think it's easier to put something behind you and move on, if the offender doesn't live right next to you ! It's not really going to give you that much peace as long as they live there and remind you every day of the arrogance with which they treated you. In these particular circumstances, I'd stick with it through at least one more demand for fees recovery.

IMHO an nice letter to these people will only embolden them to continue mis-treating you in other ways. Only deal with them through the lawyer or HOA.

Handcrafted voodoo dolls ... yes! LOL!

Terriks, their kitchen would have been vented just as ours, and every other house in the community, as they were all by the same builder. As all of our appliances requiring ventilation vent through the roof, I assumed that the range hoods all do as well; however, I'm now not completely sure whether we have vented or ductless range hoods. We always turn our fan on when cooking, and never have a build-up of fumes at the source. That said, I can't be 100% sure that the hood is not merely recirculating, At any rate, any modifications the neighbors chose to make to their ventilation would require them to go through the roof, and certainly not through the side of the house as they did. I'm sure that was the more "cost effective" method for doing what they did, but in the end? Heh - not so much.

The next step could be small claims court, instead of a lien.

I believe that in order to place a lien against the home a judgement from small claims court first needs to be obtained.

Ida- thanks for explaining that they should already have had a range hood/fan in place. I think that initially I may have been tempted to put something over the vent to block the foul odors spewing into your yard.

At this point, I would probably let the money go, but I'm very non-confrontational.

Move on. Life is too short (especially now) to worry about $1K. You got what you wanted.

Not surprisingly, I disagree with those saying to let it go, no way in hell would I let this go now, I'd take them to small claims court, period, end of story. And I'd keep the HOA in the loop with very pointed emails informing them of your intent and then the progress, including any remarks the judge had about the HOA (why have one if it's toothless, I thought the point was their power over homeowners). You have agonized over this, and yes, the issue was resolved, but not until much time, money and effort on your part. I say go for it, but take it from someone who would never, ever live in a neighborhood with an HOA, I love my clothesline, dogs running free and ability to park what I want, where I want, so I don't actually have any experience with this kind of thing, I'm just answering based on how passionately you've written about the whole ordeal.

I've only skimmed the previous responses, so forgive me it this has been said.

To the extent that if no other "offenses" take place within the 2 year time frame, I'd let it go. But if something ugly should rear it's head within that time frame, I'd pursue it.

Peace to you Ida!!!

That's actually a very good consideration, pudgeder. It IS nice to know that we have a bit of time on our side, and don't have to rush into any decision right here, right now.

I'd be madder than a wet hen, but I'd probably let it go. Being upset takes a lot of energy. Since you don't have to do anything immediately, you can wait a bit to see how you feel about letting it ride.

Another thing to consider is the full cost of taking legal action. Before I retired, I knew exactly what my labor rate/bill rate was, so one factor I would have considered was "opportunity cost." Time spent during business hours was time spent not working - or at least potentially so. Small claims court won't make an award for that. So you might want to ask how much lost opportunity cost are you willing to "pay" to recover the $750 plus damages?

To estimate a salaried employees unburdened hourly labor rate from the employee's point of view:

Gross annual salary / (2080 hours - ((paid holidays + vacation days) x 8 hours))

Usually, I see things like this as really black and white.

They shouldn’t have installed the vent.

They should have responded to all of your attempts to rectify it.

They had no regard for you as a neighbor and

They cost you a lot of money you worked hard for.

Yes by all accounts that money is due to you and it almost seems like they are being rewarded for not obeying rules that they agreed to live by. BUT, there is nothing worse than living next to people that you’re in a rift with. It’s uncomfortable, unpredictable and will make it hard to work with them in the future if the need should ever arise. Sometimes the fight isn’t worth the win. You’ve worked really hard to make your home a place that brings you joy and comfort. I would focus on that and let the rest go.

Thanks again to all of you wise, wonderful people for the insightful input. You really are helping me to gain more clarity, and I appreciate it very much.

I only work part time and am sometimes bored enough to want to take on this fight. I also would be bringing it up every time I saw them so I would keep pursuing being made whole. I would be pissed if I lost a single dollar because they refused to do the right thing.

You asked nicely, waited as they did nothing. You then asked the HOA to help and waited and the neighbors still dragged their feet and not only did nothing to help you but they still used the offensive fan. It took legal actions and threats to get it removed. I would continue to let them know legal recourse will be used again to retrieve what they now owe you. A lien on their house is no small matter it might be enough for them to finally own their responsibility in this fiasco. And if nothing else court will be a pain in their are too.

Lately, I've been reminded over and over to let things go. The negativity and stress is more detrimental to you than anything else. Really.

Haven't read any replies but here's my take. We lived next door to a man who sporadically made our lives and those of the neighbors (friends of ours) on the other side of him. At various time police were called by one of the three parties over the years. I kept a file of every interaction beginning just days after we moved in when he began digging under our driveway in an attempt to make it collapse. We could have sued for damages on a few occasions. I had the folder in my desk labeled Poison. After 15 years I realized that's exactly what it was and I was the one being poisoned by carrying his evilness around in my head all the time. That was too much power to give away. Tossed the folder and went back to living. My advice - let it go. The money is not worth the poison in your life.

You said you have 2 years before the statute of limitations expires, right? I would wait. Who knows what evil this crazy lady next door might do if provoked. You don’t want that.

If, in the next two years it looks like the owners are selling their home, I might be inclined to go to small claims court at that time if you still are inclined to do so. If by that time you are over it, then let it go.

I would really find it hard to not take action against them. But sometimes it’s just not the best thing to do.

I would let it go. Two reasons:

I’m a great believer in karma. We were shorted about $1,500 in our last house sale. Not our fault, but our buyers knew about it and didn’t rectify it. Yes, $1,500 is a good sum of money, but it wasn’t worth it to me to force the issue. Small town, nice young couple, one is my co-worker, etc etc. What goes around, comes around, is what I think. It will catch up to us (and them) someday. $1,500 didn’t break us.

Reason #2: many years ago DH and I lived next door to a mean, bitter, vengeful old woman. The stress and pain of her vitriol was simply not worth it. If you rarely see your neighbor and have no interaction with him/her, that’s a good thing. Far superior to them being angry and aggressive to you as that hateful @itch was to us.

I would let it go. I am not wealthy by any stretch of the imagination and we had a neighbor issue once years ago, but $750 would not break most people here, just judging from photos, discussions of purchases, etc. I would chalk it up to the price of having your sanctuary back.

Fix yourself a frozen margarita, play a little Jimmy Buffet or other happy summer music, and sit back and enjoy your patio!

Decades ago, I took my first brand new car for an oil change. When they returned the car, I noticed that there was no sticker that they usually place on the windshield. I even asked the service person about it before driving off and he assured me that the oil change has been completed. Within 500 yards, all the lights came on and the car died immediately and completely. I was on a single lane road with cars behind me, but I fortunately was able to pull over before getting rear-ended. I had to walk back to the service station to report this. They realized and even told me that they had drained the oil, but gave me the car without putTing any new oil. But of course, they wouldn’t admit liability immediately without talking to their liability insurance carrier. It took them over two weeks to admit liability and another month for us to resolve our differences on the damages.

Also decades ago, our mortgage company held taxes and insurance in escrow (because we were in our 20s and first time home buyers). But we received a tax lien and a seizure notice from the city because the mortgage company didn’t pay the taxes.

I mention these two incidents because I remember the rage, anxiety and sleeplessness I felt until things were fixed. And the party at fault in each instance was not even people, but faceless corporations. And the amount of the loss was not something we could have weathered, especially with the house.

In your case, the party at fault are people, not businesses. And you’ll be seeing them even if you’re not on speaking terms. And you can weather the loss, though it’s unjust.

Again, I say all this not in a moralistic way, but because the anger these things produce will only hurt you. Hugs.