"The ‘Nuisance' Problem," FCAP Managers Report

When Do Annoying Behaviors and Activities Within and Surrounding the Community Become a Legal Nuisance and How Can Your Community Deal with It?

It seems like everybody's got a problem with somebody these days. Sure, certain quirks and behaviors can certainly be classified as "annoying." Who isn't annoyed by that neighboring co-worker or spouse that insists on singing loudly and proudly, not to mention off-key, even with their earphones plugged in?? While irritating, not every annoyance rises to the level of a legally actionable nuisance. This article will explore recent case law concerning when an individual or Association may have a potential claim for nuisance based upon the common law definition of nuisance and related provisions in the community association's governing documents.