Quiet enjoyment is the right of a property owner or tenant to enjoy his/her property in peace without interference. There is usually a provision in the CC&Rs granting an easement of quiet enjoyment. Disruption of quiet enjoyment may constitute a nuisance, which is generally prohibited by an association's CC&Rs.
Noise-Free. Homeowners do not have a right to live in a noise-free environment. An occasional barking dog, crying baby or neighboring party is inevitable. Intensity and duration are factors in determining whether something is a nuisance. Persistent, noise becomes a "nuisance" which may require the association to take action to abate the nuisance.
Eliminating Noise. If the noise is a common area problem such as a water pump or other mechanical device, the association can correct it by replacing the equipment or surrounding it with insulating materials. If it is a noise problem caused by a resident (a loud stereo or barking dog), the association can require that the owner "fix" the problem by turning down his stereo, getting a bark collar for his dog, etc.
ASSISTANCE: Associations needing legal assistance can contact us. To stay current with issues affecting community associations, subscribe to the Davis-Stirling Newsletter.
