Understanding and Dealing with Nuisances in Common Interest Developments

All property owners that are members of a homeowners association which manages a common interest development are responsible for complying with state and local laws and the provisions contained in the association’s governing documents. The applicable laws and an association’s governing documents will contain important provisions that prohibit owners from engaging in activities that are, or could become, an unreasonable annoyance (nuisance) to others. This article is intended to educate owners of condominiums and other properties that are part of a common interest development on the types of activities that may constitute a prohibited nuisance and the mechanics of the process of dealing with a nuisance.

Common Activities That Create a Nuisance

In general terms, activities that have been found to create a nuisance typically involve:

• An unreasonable interference with one or more other person’s use or quiet enjoyment of their separate interest or exclusive use common area.
• An activity that creates conditions which are hazardous or offensive to others.
• An activity that causes the cancellation or non-renewal of an insurance policy maintained by the association or another owner.
• An activity that constitutes a violation of any applicable local, state or federal law.