What enforcement options are available to an association where certain residents play their stereos too loud or move their televisions onto the balconies to watch sporting events?
An association may enforce its rules and covenants through various means, such as: sending demand letters, imposing fines (after notice and opportunity for hearing) or initiating a covenant enforcement lawsuit against the property owner. However, noise rules and covenants are difficult to enforce due to the subjective nature of "noise".
A noise that is loud or offensive to one owner may not be loud or offensive to another owner. As such, noise complaints are difficult for an association to investigate and the police department is better suited to address such issues. Therefore, if an association adopts noise regulations, such regulations should be very specific and provide measurable and objective guidelines (such as maximum decibel levels). If an association adopts such regulations, it may invoke one of the above enforcement remedies against a violator. The association may also have other rules or covenants in place that indirectly regulate noise in the community, such as a nuisance prohibition or a requirement that owners comply with all local and state laws (including noise ordinances).
However, enforcing these types of regulations will present the same difficulties as described above. It may be more appropriate and cost-effective for the association to report such matters to local law enforcement especially where the covenant violation also constitutes a violation of the law. If there is any confusion as to whether an incident constitutes a violation, or which remedy should be used the association's legal counsel should be contacted.
Community Essentials - August 2004
A noise that is loud or offensive to one owner may not be loud or offensive to another owner. As such, noise complaints are difficult for an association to investigate and the police department is better suited to address such issues. Therefore, if an association adopts noise regulations, such regulations should be very specific and provide measurable and objective guidelines (such as maximum decibel levels). If an association adopts such regulations, it may invoke one of the above enforcement remedies against a violator. The association may also have other rules or covenants in place that indirectly regulate noise in the community, such as a nuisance prohibition or a requirement that owners comply with all local and state laws (including noise ordinances).
However, enforcing these types of regulations will present the same difficulties as described above. It may be more appropriate and cost-effective for the association to report such matters to local law enforcement especially where the covenant violation also constitutes a violation of the law. If there is any confusion as to whether an incident constitutes a violation, or which remedy should be used the association's legal counsel should be contacted.
Community Essentials - August 2004
