The Board of Directors is responsible for enforcing the terms outlined in the Association’s community instruments. While some violations are straightforward to identify and address, such as unauthorized improvements or improper parking, others, particularly those concerning nuisance clauses like noise or smoking, pose complexities. Read the article…………………………….
Nuisance Violations: The Challenge Continues
One of the obligations of the Board of Directors of a condominium or common interest community association is to enforce the terms of the Association’s community instruments. In many cases, it is relatively easy for the Board to verify whether a violation of the community instruments has occurred. That is, by way of example, it […]
‘Repulsive’ golf course pond lands Glendale country club in legal trouble (AZ)
A country club in Glendale finds itself in hot water over a pervasive and repugnant stench coming from one of its golf course ponds that has frustrated nearby residents of the Arrowhead Ranch subdivision. Stephen Kyle Bais, the golf course superintendent for Arrowhead Country Club, is suspected of violating a city code related to odors […]
Steps To Handle HOA Complaints
Q: We have one owner who spends hours every week writing pages of complaints dating back decades. Does a board have an obligation to continue to respond to the same rehashed grievances from a single owner? Read the article………………………..
Spring Creek COA’s new deer rule clamps down on feeding wildlife (NV)
Spring Creek Association residents who feed mule deer could be cited with a nuisance violation after the Committee of Architecture passes a new rule that prohibits leaving food out for wildlife. Read the article………………………..
Can I rent your pool? Understanding the impacts of the new sharing economy
Community associations are familiar with the challenges associated with long-term home rentals and have become well acquainted with short-term rentals over the past few years, but a new trend in the sharing economy has been making waves recently: rentals for residential components such as swimming pools. Read the article………………………..
Southwest Columbia neighborhood in conflict over R/C planes (MO)
Remote-controlled planes have been filling the sky in the Longview neighborhood in southwest Columbia, causing some residents to take their noise complaints to city hall. Read the article………………………..
Lot filled with crab traps upsets neighbors (LA)
The New Orleans Office of Code Enforcement has opened an investigation into a piece of land in a Venetian Isles neighborhood, zoned residential, but used to store and clean crab traps……The upset neighbors tell us they reached out multiple times to the Venetian Isles Homeowners Association but nothing was ever done about their complaints. The […]
HOA won’t do anything about ‘Adams Family’ house (NV)
Q: I live across the street from people who live in chaos. The children have been removed by Child Protective Services for neglect and drug (use), and parental rights have been terminated. The police have been there at least 50 times in 10 years. The house hasn’t been painted since it was new 20 years […]
Hunter’s Lake neighbors cry foul over geese removal proposal (TN)
When Hunter’s Lake homeowner Susan Carson saw the agenda item for the homeowner’s association March 22, the bird lover knew she didn’t want to miss the meeting. Along with mundane items like dog waste bin installation and “Darlene Francis’ Customary Spring Cleaning,” the new business agenda included “Consideration of Additional Goose Deterrence.” Read the entire […]
The Best (and Worst) Neighbors in America: New Survey Spells it All Out
The results of a recent study conducted by digital real estate marketplace HomeAdvisor reveal that Americans relate to and interact with their neighbors very differently today than in decades past. Read the entire article……………………………….
Miramar association, pest control company cited after dozens of neighborhood geese were killed (FL)
Residents of a Coconut Shores neighborhood inside Miramar’s Silver Lakes community are upset over what happened to the beautiful geese that used to fill their lake. Those residents now say what happened to those geese was cruel. Read the entire article……………………………….
Feral hogs causing chaos in Sugar Land neighborhood (TX)
Most mornings, residents in Sugar Land’s Lakes of Austin Park awaken to obvious signs they’ve received unwanted overnight visitors. From torn-up lawns and gardens to packs of them found wandering down the streets, herds of feral hogs in recent years have made the quiet neighborhood, a little more than a mile away from H-E-B and […]
Peacocks, peahens run amok in Tracy neighborhood (CA)
Residents of Tracy’s private Redbridge community said dozens of peahens and peacocks have taken over their neighborhood. “There’s really no way to get them to go out of the neighborhood. But I mean, it’s just to get them off of your porch, off of your roof,” said homeowner Terina Lacey. “They will definitely make a […]
Tracy City Council, Neighborhood Agree To Relocate Nuisance Peacocks (CA)
The Redbridge community in Tracy has a peacock problem. The big beautiful birds have made quite a mess on rooftops and sidewalks. They’re loud and have ripped-up lawns. Neighbors say they’re ready for the birds to go. Read the entire article……………………………….
Law of nuisance explained (FL)
Q: I live in a townhome. My neighbors recently installed outdoor lighting in their back lanai. Bright lights flood into my home and are becoming a serious annoyance. Can my association request that my neighbors have their lights dimmed or removed to stop this nuisance? Read the entire article……………………………….
Mr. Busy and Peter Rabbit (NH)
If you live or have lived in a condominium association, nothing gets the dander of owners to rise faster than fights over pets. Some love them; some hate them. Everyone has an opinion. Read the entire article……………………………….
Ask a real estate pro: What can condo association about owner’s smelly squalor?
Q: A unit owner in my building lives in such squalor that the hallway reeks as if something has died. Our association attorney advises us that legal action could take more than a year to resolve the issue. And he says that hoarders are a protected class under the Fair Housing Act. But the smell […]
Nuisance lawsuit filed against owners, management of Clermont County condo development (OH)
The Clermont County prosecutor filed a nuisance lawsuit Tuesday against the owners and management of a condominium complex in Pierce Township, citing crime and safety concerns. Prosecutor Mark Tekulve’s suit seeks to appoint a receiver to take control over the One Royal Oak Condominium development, commonly known as “On the Green” and “Saint Andrews”, according […]
What Can Our Homeowners Association Do about Criminal Activity?
After almost twenty years of representing homeowners associations and condominium associations, it continues to surprise me when homeowners look to their association to investigate or even punish for criminal activity that occurs in the community. Read the entire article……………………………….
Neighborly Nuisances: Tailoring Language to Effectively Enforce its Many Forms
With the quarantine forcing us all to spend more time at home, many associations have likely experienced a higher-than-normal volume of nuisance complaints from members. Though association enforcement of its nuisance provisions may seem like a catch-all saving grace answer to handle those annoying neighbors, not all non-discriminatory behavior rise to a level that the […]
Annoyance or Harassment? What to Do When Owners Cross that Line
Most condo owners are (usually) courteous, considerate and compliant. But every community has at least one owner – and sometimes more than one – who are none of those things. These are the owners who: Oppose everything and support nothing. Regularly harangue board members and managers in meetings and in person. Send scathing e-mails and […]
Feeding of birds in one Miramar community ruffling feathers, pitting neighbor against neighbor (FL)
Feathers are flying in one Broward County community in a battle over birds, and it’s pitting neighbor versus neighbor. 7’s Karen Hensel investigates. This is the welcoming committee in the Bristol Isle community in Miramar. A bunch of birds blocking the road. Read the article………………………..
Woodpecker problem: B.C. strata owner fails to prove $65,000 claim for bird damage on property
Woodpeckers of the northern flicker variety drilled holes on the exterior of a B.C. strata building where Watson owns a unit. By the way, the northern flicker is a protected bird species in Canada. According to Watson, the strata council did not address the issues he raised regarding damage and the supposed losses he incurred. […]
Collier County community divided over plan to eradicate neighborhood (FL)ducks
The Island Walk homeowner’s association board is considering spending $6,000 to trap and kill the Muscovy ducks that call the neighborhood home. They voted in favor of it but may reconsider after an uproar from residents. Read the article………………………………….
The ‘Nuisance’ Problem (FL)
When Do Annoying Behaviors and Activities Within and Surrounding the Community Become a Legal Nuisance and How Can Your Community Deal with It? Read the article……………………………….
Morro Bay City Council determines seagulls a public health issue for condo complex (CA)
Seagulls can be a nuisance in everyday life, but at one condominium complex in Morro Bay, they’re more than that; the gulls are a threat to public health. The Morro Bay city council voted, once again, to allow residents at Bayshore Village to ultimately remove them. Read the article………………………………..
The “Nuisance Problem” (FL)
It seems like everybody’s got a problem with somebody these days. Sure, certain quirks and behaviors can certainly be classified as “annoying.” Who isn’t annoyed by that neighboring co-worker or spouse that insists on singing loudly and proudly, not to mention off-key, even with their earphones plugged in?? While irritating, not every annoyance rises to […]
What Is That Smell? (ON)
With the growth and use of cannabis now legal, condo communities that currently receive complaints of odour problems are likely to increase. Buildings currently without odour concerns may find they have to deal with them as a new concern. The reality is that more condo residents are likely to complain of unwanted odours entering their […]
Pets that Bite – What’s a Board and Management to Do? (NY)
Pets are fantastic but when they demonstrate the propensity to bite, action has to be taken. If a board and management do not do so and follow up relentlessly, they can end up in protracted lawsuits when people are injured. This happened to the Element Condominium board on the Upper West Side of Manhattan and […]
Compulsive Vulture, Alligator Feeder Settles for $53K with HOA (FL)
Readers of this blog may recall my recent article about a resident of the Ibis Golf and Country Club community in Palm Beach County who was creating an incredibly dangerous and destructive situation by feeding extraordinary amounts of food to vultures, alligators and other wildlife behind her home. On Wednesday, Jan. 15, the homeowner agreed […]
Aggressive squirrels finally out of Tampa Bay family’s condo (FL)
8 On Your Side is getting results for a Tampa Bay area mother who has been terrorized by squirrels for the past several weeks. “Opening the door to my condo and knowing nothing is going to jump out at me is a miracle,” said Annie Peavey. “Thank you is all I can say.” Peavey says […]
What is a Nuisance and What Does it Mean to Your Association? What Boards and Managers Need to Know
When a board member or community manager hears the phrase “nuisance”, many thoughts come to mind regarding what this means, and how it may impact their association, but, more often than not, most do not know what a nuisance really is and what the association may need to do to deal with a nuisance. The […]
Woodlands OKs hiring feral hog consultant as problem continues (TX)
Efforts to control feral hogs in The Woodlands continued on Wednesday, Jan. 15, with another several dozen residents showing up at the township Board of Directors meetings to plead for help battling the invasive swine and directors approving the hiring of a special consultant to help develop a collaborative game plan to try to stem […]
Removing a Condominium Owner: A Complex Legal Process (IL)
Removing a disruptive, abusive, non-paying, or otherwise problematic tenant from a rental building is relatively easy. Doing the same thing in a co-op is also possible, though substantially harder. But removing a condo owner from the premises (and effectively wiping out his or her equity position as a member of the condominium association) is very […]
Aggressive squirrels terrorizing Tampa Bay family in their condo (FL)
A Tampa Bay area mother says squirrels have moved into the condominium she’s renting near Kokomo and Marion Roads in Haines City. After being tormented for 25 days, Annie Peavey called 8 On Your Side Investigates for help. While she admits it sounds silly, Peavey says the squirrels have destroyed her furniture and peace of […]
Condo fragrance ban doesn’t pass the smell test (ON)
For the common good, we’re all to be scent-free in public to accommodate those who suffer from fragrance allergies and environmental sensitivities. But surely the scent police shouldn’t be able to invade our private space, as well? Ramesses Kane believes otherwise. Read the article………………………….
Residents, officials talk about strategies to control feral hogs in The Woodlands (TX)
Feral hogs have been a destructive and potentially dangerous nuisance to residents of Windsor Hills and other neighborhoods in The Woodlands, said a group of about two dozen residents who attended a Dec. 4 board of directors meeting to ask for a solution. Read the article………………………..
Homeowner Feeding Wildlife Leads to Black Vultures Overwhelming Parts of West Palm Beach Community
Recent reports in the Palm Beach Post and on WPBF 25 News (see video below) chronicled the devastating damage that is being caused to homes in the Ibis Golf and Country Club community in West Palm Beach by hundreds of black vultures. The large birds are being attracted by a homeowner who is feeding the […]
Tips to Manage Bad Neighbor Behavior
One of the homeowners in our community is being a nuisance to his neighbors, and we’re not sure how to curtail his behavior. According to the complaints we’ve received, this owner has damaged a neighbor’s car, played loud music at night, and threatened to retaliate against owners who complain about him. How can we help […]
Removing a Condominium Owner – A Complex Legal Process (NY)
Removing a disruptive, abusive, non-paying, or otherwise problematic tenant from a rental building is relatively easy. Doing the same thing in a co-op is also possible, though substantially harder. But removing a condo owner from the premises (and effectively wiping out his or her equity position as a member of the condominium association) is very […]
HOA attempts to solve vulture problem in east Orange County neighborhood (FL)
Homeowners who live in the Tudor Grove at Timber Springs subdivision in east Orange County have been at war with hundreds of black vultures that perch atop roofs making life difficult for residents like Andrew and Leslie Wright. “These birds carry 35 different diseases, one of the biggest ones being salmonella,” Leslie Wright said. […]
Nuisance Complaints and HOAs (MD)
One of the most common Home Owners Association (HOA) issues involves nuisance complaints. Typically, a neighbor will bring action, alleging that certain activities or conditions constitute a public or private nuisance. If the HOA does not act quickly to enforce the nuisance provisions in their governing documents, the court may grant injunctive relief to correct […]
Hundreds of vultures invade Florida neighborhood, but HOA says it won’t do anything
An Orange County neighborhood has been dealing with an invasion of vultures and the damage the scavenger birds are leaving behind. Hundreds of black vultures have been circling the Tudor Grove at Timber Springs gated community, walking on the roofs of homes and blocking sidewalks with their extended wings, CBS affiliate WKMG reports. Read the […]
Florida Condominium Associations: What Is A Nuisance?
What’s that smell? What’s that sound? What am I looking at? Whatever it is offends me. Could it be a nuisance? Florida Condominium associations deal with nuisance complaints on a regular basis. The challenge in addressing nuisance issues is defining exactly what constitutes a nuisance. Generally, nuisance is defined in Black’s Law Dictionary as “a […]
What a Fishers beekeeper’s dispute with his neighbor says about suburban growth (IN)
The demise of the honeybee may portend the end of the world, but one Fishers resident who wanted to come to the rescue has faced a hornet’s nest of regulation. A nine-month-long neighbor’s dispute with allegations of swimming pool bee swarms and hidden yellow jacket nests led to hours of grueling research and document-digging by […]
Community complaining about ‘neighbors from hell’, they say they’re innocent (NV)
“Southern Highlands was advertised as one of the best neighborhoods in Las Vegas,” said Jennifer Miller. Miller loves her neighborhood, but said she can’t stand what’s down the street. There’s one home, in particular, she always avoids. Read the article…………………
Kass: Nightmare Neighbor: Disturbing Marijuana
Question: I live in a high-rise condo I purchased a few years ago. A month after I moved in, I learned why the former owner was eager to sell and took my first (low) offer. The neighbor with whom I share a common wall smokes marijuana. Every time he lights up, he fills my unit […]
Residents upset with Denver Water over prairie dog management (CO)
A neighborhood was convinced Denver Water was working with them to protect a colony of prairie dogs, but the utility company decided to hire an exterminator instead. The small rodents are living on a lot owned by Denver Water near Quebec Way and Florida Avenue. Some residents complained that the animals were digging holes and […]
Nuisances – What Is A Board To Do? (FL)
The dog barks, and the parrot squawks. A neighbor is cooking with too much garlic, again. An owner is smoking non-stop on their balcony making it unpleasant for everyone else. A neighbor, several neighbors, or even many neighbors are complaining to the board. What is a community association board to do? Read the article……………