In a homeowner’s association, there are various common nuisances that almost every resident has encountered. While nuisances are a part of life and living within a multifamily residence and sharing space with others, HOAs don’t have to listen to endless complaints with no resolve. In this article, we’ll cover some of the most common nuisances and how HOAs can manage them effectively. Before enforcing any of the nuisance strategies, ensure your association is equipped with a Miami HOA Insurance policy.
Most CC&Rs contain a “nuisance” section addressing the definition of nuisances and their prohibition. This is a catch-all provision that can address issues that are not expressly addressed in the association’s Governing Documents. Nuisance violations should be addressed by an association’s board of directors in the same manner as other types of governing document violations. The question that a board will need to grapple with is the level of association involvement, explains Echo HOA Resources. Depending on your state’s enforcement laws, this could vary in degree of nuisance management. However, here are some general strategies to reduce nuisances in your HOA.
This is the most common of nuisance complaints, especially in condo units where they are stacked on top of each other. If there is a constant problem with noise in the below units, the HOA can investigate the flooring to ensure it’s compliant with noise codes and ramp up the insulation and noise-alleviating materials in between the floors and the ceiling.
In a single-family home tract, constant noise violations will need to be addressed by the board and involve the local authorities to file relevant noise complaints.
Some pets cause unreasonable nuisances, including rowdy behavior, bad behavior off leash, incessant barking, and property damage. It is up to the HOA to create and enforce pet policies for each resident. In the most extreme cases, HOAs can request that the owner get rid of the pet or move elsewhere.
However, in terms of a service or support animal, these enforcements vary. It is important to note that while the association may have to make a reasonable accommodation under state and federal fair housing laws to allow an owner to keep a service or companion animal in their unit/lot that may violate type, size, weight or breed restrictions contained in the association’s governing documents, that service or companion animal is not permitted to create or cause a nuisance at the association’s development.
The owner is responsible for his/her own behavior, as well as any roommates or guests that visit. If there is a constant nuisance issue with poor behavior, the HOA can get involved and hold a hearing to determine a course of action. If the owner violates the HOA’s CC&R’s, their lease can be terminated.
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