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………………………..

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………………………..

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 […]

Association’s Vested Discretion in Declaring an Aggressive Dog a Nuisance

The Spagenskis (“the Homeowners”) lived in a community in San Diego County with their German shepherd Kato. The community was governed by Sunset Greens Homeowners Association (the “Association”) in accordance with a declaration of covenants, conditions, and restrictions (“CC&R’s”). From February 2019 to May 2019, Kato attacked three dogs in the community.  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 […]

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……………………………….

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 […]

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……………………………….

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 […]

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………………………….

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 […]

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……………

Is Your Neighbor Really A Nuisance? (NJ)

We often see complaints from community associations regarding smoking, cooking smells or noise emanating from one unit to another. This leads to the question: what, if anything, can the association do? While many communities have restrictions in the governing documents prohibiting acts which may be or become an “annoyance” or “nuisance” to other residents in […]

290 Geese Removed From Ocean Pines, Euthanized By USDA (MD)

Officials from the U.S. Department of Agriculture removed 290 Canada geese from the community last week.  Ocean Pines Association (OPA) officials announced on Friday that the homeowners association had contracted with the U.S. Department of Agriculture’s Animal and Plant Health Inspection Service’s Wildlife Services for the removal of resident Canada geese. The geese, which were […]