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 […]

Ruling against Indianapolis’ condo nuisance claim upheld (IN)

Summary judgment entered in favor of an east side Indianapolis condominium complex was affirmed when the Indiana Court of Appeals ruled that damages sought against the complex by the city for being a “nuisance” were inappropriate.  Towne & Terrace is a residential complex near the intersection of East 42nd Street and Post Road in Indianapolis. […]

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 do you know if one exists?  For example, it is not uncommon to receive complaints […]

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 wine — while your roommate is lapping his water from an old beat up water […]

Explosions in the Sky

Setting off fireworks is a bright, colorful way to celebrate certain special occasions. While most commonly associated with the 4th of July, it is not unusual for people to set off fireworks on New Year’s Eve and other holidays, as well. When the Seahawks won their first-ever Super Bowl in 2014, the Seattle sky was […]

Nuisance in Florida Condominium Associations

What’s that smell? What’s that sound? What am I looking at? Whatever it is offends me. Could it be a nuisance? Condominium associations in Florida deal with nuisances on a regular basis, from sight, smell and sounds. The biggest problem in addressing nuisance issues is defining exactly what constitutes a nuisance. Generally, nuisance is defined […]

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 co-owners are becoming concerned with marijuana use within their condominium project and considering whether reasonable […]

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 is intolerable and cites to the “nuisance” provision within the association’s governing documents.   Read more………

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 impact your enjoyment of your home.      Read more………..

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 six years before suit was filed in 2013.     Read more……

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 in the Plaza at Five Points Condominium Association in Sarasota, Florida.      Read more…….

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 condominium or townhome communities.   Read More……

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 the issue. However, enforcing a nuisance claim has its challenges and drawbacks, namely, the subjective […]

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 has ignited a heated debate over health/nuisance vs. individual rights, and both sides can be […]