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.
. Homeowners do not have a right to live in a noise-free
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.
. 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.