Residents in common interest developments do not have the right to make as much noise as they please. There are nuisance provisions which are typically found in CC&Rs that give associations the right to fine owners and, if necessary, go into court for an order against the offending party.
Unreasonable Level. Even though owners have the right to quiet enjoyment of their property, that does not mean they have the right to a noise-free environment. To constitute a nuisance, the noise must be such that it causes an unreasonable disturbance or annoyance. The occasional cry of a baby or the faint sound of a radio or television does not constitute a nuisance.
Subjective. Because a nuisance is largely subjective, associations are not obligated to become involved in disputes where the noise causes mere inconvenience. If, in the board's opinion, a nuisance exists, it may send cease and desist letters or, following a noticed hearing impose fines, suspend privileges, and/or take legal action.
Hardwood Floors. When it comes to hardwood floors, it is better to have an
objective standard. This will minimize potential litigation.
ASSISTANCE: Associations needing legal assistance can
contact us.
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