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……………
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………
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…….
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……
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 […]