Understanding Your Right to “Quiet Enjoyment” of Your Home or Condominium

“Quiet Enjoyment” is the right of the property owner or tenant to enjoy his or her property in peace without interference. This right is generally specifically included in the CC&Rs that govern a common interest community or condominium development. Acts that interfere with a person’s quiet enjoyment of their property are prohibited by an association’s CC&Rs and the conduct in question may be deemed a “nuisance.” An example of a typical nuisance provision found in CC&Rs is as follows:

No illegal, noxious or offensive activities shall be carried out or conducted upon any Lot or in the Common Area, nor shall anything be done within the Properties which is or could become an unreasonable annoyance or nuisance to neighboring property Owners or which would unreasonably disturb any other Owner’s or tenant’s enjoyment of his or her Unit or the Common Area.

The fact that a person may have a right to enjoy their property without interference from others does not necessarily mean that they have a right to live in a noise-free environment. When people live in condominiums or communities where properties are near one another, it is reasonable to expect that they will have to encounter occasional interferences with their peace of mind such as a barking dog, or a crying baby, or children playing, or a neighbor’s party. It is only when the intensity and duration of the interference is substantial and rises to an unreasonable level that would be offensive or inconvenient to the normal person, that the disturbance becomes a nuisance. Conditions that are frequently the subject of claims of nuisance or interference with quiet enjoyment include: