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 from owners about offensive cooking odors emanating from their neighbors’ units. Although cooking may not be prohibited in the declaration, the odor deemed offensive by the neighbor is argued (by the offended neighbor) to be a nuisance and therefore a violation of the declaration. But is this truly a nuisance, or is it an overly sensitive neighbor?     Read the article……………