To constitute a nuisance, the activity must be such that it causes an unreasonable disturbance or annoyance, be unreasonably injurious to health, be indecent, or be unreasonably detrimental to persons or property.
Civil Code §3479. Although the wording may be different, a nuisance provision is commonly found in an association's governing documents. Examples of activities that fall into the nuisance category include:
Noise. Things that interfere with quiet enjoyment such as improperly installed hardwood floors, neighbors playing their stereo or TV too loud, barking dogs, etc.
Odors. This includes second-hand smoke (cigarettes, cigars and marijuana), strong cooking odors, smoke from a BBQ grill entering other units, etc.
Visual. Draping towels and clothing over balcony rails, storing junk on balconies and patios, storing inoperable vehicles in parking spaces.
Health/Safety. Hoarders who allow unsanitary conditions to exist that attract insects and rodents, or residents who wash dog feces and urine off their balcony onto the property below them.
- Violation of Laws. A violation of federal or state laws or local ordinances. An example would be public nudity or a resident engaged in drug dealing or prostitution.
Association's Duty. Boards must
investigate nuisance issues and make a good faith determination whether a complaint is legitimate. Some complaints lack merit whereas others may
require action to eliminate the nuisance following
due process.
RECOMMENDATION: Because a nuisance is often subjective, boards should adopt guidelines addressing common problems, such as barking dogs, hardwood floors, parties, entertainment centers, and smoking. If you need assistance,
contact us.