Nuisance Violations: The Challenge Continues

One of the obligations of the Board of Directors of a condominium or common interest community association is to enforce the terms of the Association’s community instruments. In many cases, it is relatively easy for the Board to verify whether a violation of the community instruments has occurred. That is, by way of example, it is straightforward to document and determine whether an owner installed an improvement without the prior written approval of the Board of Directors or whether a vehicle is parked in violation of the community instruments. In such cases, as the Board can objectively determine that a violation exists, it can pursue the remedies set forth in its rules and regulations, such as the assessment of fines. In other cases, specifically situations involving the alleged violation of nuisance clauses, such as those related to noise or smoking, determining whether a violation exists is much more complicated.

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