Nuisance

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How To Best Deal With Neighbor Disputes In Pet Policy

When you hear a dog barking during off hours, you immediately think, “That’s not how to be a good neighbor,” or “That’s so annoying!”  You probably want to complain to all the residents in the neighborhood about the dog or

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The Nuisance – You Know It When You See It?

Many common interest community declarations contain provisions prohibiting “nuisances”, and homeowners and directors alike use these provisions as a “catch-all” category when it comes to annoying people and situations in their communities. But what exactly is a nuisance and how

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What Can an HOA Board Do About Barking Dog Complaints?

So you moved into a beautiful new luxury homeowners association. Your home is on a quiet street in an established neighborhood. Every evening you sit on your newly purchased adirondack chairs in your shady backyard, sipping on a bottle of

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Phantom Smell Syndrome

QUESTION: I am on the board of a retirement community. We have a resident complaining of cigarette smoke. We investigated and could not smell any smoke, nor is there anyone around her who smokes. She is threatening to go to

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How to deal with nuisance smells in condos

I recently had an issue arise at a condo association that is not terribly uncommon. An American couple of Indian ethnicity cooks with curry. Sometimes a lot. The odor wafted into a neighbor’s unit and he complained to the board.

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6 Common HOA Nuisances and How to Handle Them

Nuisances complaints are a major cause of legal action in HOAs, both by and against homeowners. For those who might be unfamiliar with what exactly a nuisance is, a nuisance typically consists of one or more of the following issues:

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Burnaby (BC) condo owners ordered to pay fines for ‘unacceptable’ behaviour

The judge described the men’s behaviour as “unacceptable”, and ordered them to pay $3,400 in outstanding fines for their behaviour. They will also have to pay the strata’s legal costs.

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What happens when resident vs. homeowners association? Ave Maria (FL) homeowner finds out

A handful of neighbors start rolling up Wilson Ospina’s driveway each day in the late afternoon, after work lets out.

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Explosions in the Sky

Community associations typically have broad authority to limit or prohibit the use of fireworks on association property.

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Sydney mum threatened with $550 fine for noisy toddler in strata apartment

the strata company says it has received reports from her neighbours of “shouting and screaming”, disturbing other residents and putting her in breach of the strata scheme by-laws.

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Parker County (TX) Swingers Club Could Be Forced To Reveal Guest List

Randy Carter is being sued by his HOA for throwing the large, late night parties the neighbors consider a nuisance

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Mosquitoes in your Community?

Mosquitoes are responsible for spreading the Zika virus, which is why, now is the best time to ensure you are taking the necessary steps to limiting these pesky, and sometimes dangerous, populations on your condominium or homeowners association

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Nuisance in Florida Condominium Associations

Generally, nuisance is defined in Black’s Law Dictionary as “a condition or situation that interferes with the use or enjoyment of property

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Condo dwellers blame Groundswell coffee vendor for offensive fumes (IL)

A Chicago condo association is suing a neighboring coffee roasting business, alleging its offensive, noxious fumes are creating a public nuisance for the homeowners.  Read the article………….

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Chicago (IL) Condo Owners Seek Relief from Fitness Club’s Music, Exercise Class Volume

A condominium association representing 10 residential units and the seven owners who live directly above Sproing Fitness in Chicago’s Old Town Triangle neighborhood are plaintiffs in a lawsuit that seeks injunctive relief, according to a complaint filed Oct. 30 in

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4 Benefits of Smoking Policies for Multi-Unit Communities

For people who don’t smoke, secondhand smoke is a huge nuisance and health risk. In communities with detached units, such as homes, it’s not a big issue if someone smokes in their own home. However, in multi-unit communities, such as

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Strata-dwelling smokers and barbecue aficionados could be fined under proposed changes to NSW laws (Australia)

Smokers and barbecue aficionados could be fined if their smoke drifts into nearby dwellings, under proposed changes to New South Wales strata laws.  Under the proposed changes, tenants who create “nuisance or hazard” smoke that drifts into neighbouring homes could

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Clearly defining nuisance activity in your governing documents can help association boards avoid future headaches

A nuisance is generally defined as a person, thing or circumstance which causes inconvenience or annoyance. For some people living in shared ownership communities, there is no escaping a nuisance situation that has risen to a level which impacts the

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QLD: Dealing With Nuisance Owners

This article about a problem lot owner strata has been supplied by Frank Higginson, Hynes Legal.  If you talk to any strata manager first up on a Monday morning you can usually be assured that the first half day of

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What can a unit owner do about a nuisance neighbor?

Q: Let’s just say my neighbor and I do not get along. He lives in the condominium next to my unit, intentionally plays loud music with the speakers directed at my unit, smokes on the lanai with a fan blowing

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Nuisance?

A nuisance is much like any other alleged violation of an association’s Governing Documents in that there must be a power source for the association to take enforcement action. While it is easy to allege that someone is “creating a

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Naughty Neighbors: Parker County HOA residents sue over swinger parties

Residents of an upscale Parker County subdivision are objecting to what they describe as swinger parties attended by scores of unknown persons at a swank home owned and occupied by an ex-convict.  Velton Ellis, president of Hills of Bear Creek

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Is it time for Local and State Governments to do some of the heavy lifting for community associations when it comes to secondhand smoke?

Has your condominium or cooperative board been contacted by a member who has been impacted by a neighbor’s nicotine habit? Has your Board struggled to understand what your obligations are and how much it will cost you to find out?

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Marijuana in Condominiums: Nuisance and Legal Consequences

Until recently, many co-owners were concerned about secondhand smoke issues relating to tobacco products in the condominium project and how to limit its impact and/or eliminate the smoke entirely. However, attitudes regarding the acceptable use of marijuana are changing. More

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More on Noise Nuisances in HOAs-Barking Dogs, Loud Kids

Here we go again on noise. I wrote about noise complaints in February in this blog and suggested some things to consider if you have to deal with a noise situation. Then, recently, I committed an entire E-newsletter to a

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What’s That Smell? Dealing with Secondhand Smoke in Community Associations

More and more often community associations are caught in the middle of disputes between individual homeowners regarding the drifting of cigarette smoke from one unit to another. On one side is the complaining homeowner, who claims that the cigarette smoke

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Defining a Nuisance in your Community

If you live in a shared ownership community, you have likely heard the term “nuisance” bandied about now and then. It is an unfortunate byproduct of living in close quarters with others that at some point, another person’s conduct may

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Pot may be legal, but homeowner agreements can ban (CO)

Homeowners’ associations can’t ban members from using marijuana in their homes when it’s legal. But if neighbors can see or smell weed, the law is clear — HOAs have every right to regulate the drug as a nuisance, or a

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Will Houston Award of Nuisance Damages Stymie Urban Development?

A Houston trial court allowed a jury award to stand in favor of 20 homeowners who filed suit in opposition to a proposed urban residential 21- story high – rise development. Neighboring homeowners had opposed the Ashby High-Rise development for

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A Nuisance or Not?

All of us have complained about a loud and noisy neighbor or some other disturbance that we have deemed a nuisance at one point or other in our lives. However, we should all be thankful that none of us reside

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HOA Homefront: When do children present a noise issue?

I was reading your column today and have a question. I am hoping you can assist. I live in a condominium complex and we have several owners that have small children who play outside and make noise. There are now

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Marijuana Policies Debated At HOA Conference (CO)

How to deal with marijuana smoking on private property was the subject of debate at a Homeowner’s Association conference in Denver.  Currently HOAs are treating marijuana as another nuisance and many are trying to work within their own policies.  

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Board has power to stub out smoke odors as a nuisance

Q: Living in a high-rise condominium, I find smoke odors can be a problem. I have read about possible legislation on the smoking issue, but nothing has been adopted. We have issues with smoke odors transmitting from unit to unit

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A second-hand lesson in dealing with a smoking neighbor

Second-hand tobacco smoke is not in and of itself a nuisance. That is now the law in Maryland based on a case just handed down by the Maryland Court of Special Appeals.   Read More……

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Homeowner’s Wind Turbine Ruled Nuisance

Nevada’s highest court has considered whether to uphold an injunction preventing the construction of a wind turbine in a residential subdivision. Rick Sowers (“Sowers”) communicated to his neighbors in the Forest Hills Subdivision (“Subdivision”) that he planned to build a

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Smoking Pipes and Cigarettes – What Can You Do About the Nuisance?

“In our HOA a new neighbor has moved in who smokes cigars outside on his deck, all day long. The neighbor on one side and myself are inundated with the nasty smell and cannot open our patio doors because it

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Smoking in Your Community – Is it a Nuisance?

We frequently get questions about what an association can do to restrict or regulate smoking in the community. These questions have increased now that Colorado law permits growing and smoking marijuana. Typically, but not always, the issue is exacerbated in

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Smoking Bans: An Increasingly Viable Alternative for Addressing Complaints of Secondhand Smoke

We recently published an article on secondhand smoke regarding its impact at condominium associations and how it can constitute a nuisance. Since almost every community association’s CC&Rs prohibit noxious activity, this is a fairly common and accessible means of addressing

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The Debate Rages On: Establishing a Building-wide Smoking Ban

Concern over health, the environment, and an evolving legal landscape has prompted a number of condo and co-op boards in communities across New Jersey to ban cigarette smoking not only in common outdoor areas but in individual units. This restriction

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