COURT SAYS ASSOCIATION HAD NO DUTY TO ENFORCE RESTRICTIVE NUISANCE COVENANT

A recent appellate court decision offers important insight into what happens when a homeowners association (HOA) declines to enforce one of its own rules—specifically, a nuisance restriction.

The Dispute

This case involved a disagreement between homeowners and their HOA over the HOA’s refusal to take enforcement action related to a lighting complaint. The homeowners alleged that LED lights installed by their neighbors continuously shined toward their property, creating an ongoing nuisance. They filed a formal complaint with the HOA, pointing to a nuisance-related covenant in the HOA’s Declaration that stated:

“No noxious, noisy or offensive activity shall be carried on within the Properties,
nor shall anything be done therein which may become an annoyance or nuisance to the neighborhood.”

Although the HOA attempted to mediate the issue, it ultimately decided not to pursue any formal enforcement against the neighbors. The homeowners, feeling the HOA had failed in its duties, filed a lawsuit against both the neighbors and the HOA.

What the Homeowners Alleged

The homeowners claimed the HOA had breached its contractual obligations by not enforcing the nuisance provision in the Declaration. Their argument was that the covenant created a duty for the HOA to act, and by failing to do so, the HOA breached that duty.

What the Courts Said

The trial court ruled in favor of: