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The lot next ot our home was an empty lot that a builder has begun construction on. Starting with them digging out a basement, we are experiencing some extreme swings in settling issues (doors not latching one day to being really tight opening the next day or cracking in the driveway and garage starting from the construction site and leading into our home etc) and also the dust that is generating has now stained the light paint on our home. After having talked to a couple of the neighbors, I have discovered that this is only the beginning of my problems - the roofers will cause the most damage with roofing nails that will scatter all over the place and onto my yard and driveway. the last neighbor was relegated to street parking and keeping his kids indoors. The builder sent the Warranty representative who in legal type language that any damage as a result of the construction process next door was NOT their responsibility or their contractors - "It's just part of the construction process". Called the Sec Of State and ended up in a circle after having been transferred a few times. Right now looking to find out if it's right for the builder to cause this much nuisance and harm to the neighbors. Apparently the HOA can only file a complaint with the builder - which i have already done and not seen any response on.
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First, I am not an attorrney. I would begin, as you have, by filing a complaint through the HOA. Next, and you may have done this too, document everything. Start a log, take photos, date whom you talk to and when. All of it. The more information you have, the stronger your case should you be forced to hire an attorney.
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