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By Neal McCulloh, Senior & Founding Partner

Of all the violations a community association must deal with, nuisances are perhaps the most troublesome because of their inherent uncertainty. Unfortunately, determining what constitutes a nuisance and determining when to take action with respect to a nuisance is somewhat troublesome. While it is not difficult to provide community association managers, associations, boards and developers with multiple definitions of the word “nuisance”, listing all the activities which constitute a nuisance or affording a black and white guideline for determining when a particular condition rises to the level of a nuisance is far more difficult, if not impossible. Nevertheless, the following definitions may be of some help, especially when combined with the discussion which follows:

Some individuals may believe a nuisance exists by virtue of a radio being played loudly. However, the real question is how loud must it be played before it really becomes a nuisance? Some people believe only earth-shaking music would be a nuisance (hence the term “boom boxes”). Others find any relatively loud sound offensive. Individuals with hearing disorders (e.g., individuals who are hard of hearing) may be unable to even hear such music even when it is played loudly. Therefore, the determination of whether a nuisance exists is, to a degree, subjective and the standard by which it is evaluated is somewhat amorphous.^[1]

Another problem with nuisances is that they may only exist for a relatively brief period of time but reoccur. As such, once the problem condition is abated, the violator can claim that the association’s or the developer’s claim that a nuisance exists is moot. Stated differently, once a violation is remedied, even temporarily, the violator can claim the association or developer no longer has a basis upon which to proceed. As such, nuisance violations can be very frustrating. To compound the problem, boards, managers, associations, and developers must reconcile their attempt to preserve the appearance of their community and the enforceability of their governing documents, with the need to control legal expenses. As such, a question arises whether an association and/or its counsel should stop proceeding if the matter has been corrected. However, what if the violation reoccurs? What if litigation has already commenced?  

^[1] Despite the above, certain conditions which pose health risks may more clearly be found to constitute nuisances.

What’s the difference between fiber and copper systems? Is there compensation from providers to communities for individual subscription services available? Have you considered a bulk agreement for internet or TV services at a discounted price? Find out what’s on the table for your community. We welcome you to join our Valued Business Partner, the CEO of Paradigm Broadband Group, an expert in the broadband industry, as he describes "The T’s of Telecommunications," covering such topics as technologies to consider, terms to negotiate, tactics to look out for and timing.

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