Nuisance Laws In Condo Associations
One of the most common types of complaints that condo boards have to deal with is nuisance complaints. The word “nuisance” is not explicitly defined in Florida law, so often it falls to the board to issue a ruling on a case-by-case basis to diffuse tension between unit owners. Whether you are a board member, a condo owner, or both, it is a good idea to get a better understanding as to what the word ‘nuisance’ can mean in a legal sense.
No Express Definition
While most cities have noise ordinances which include nuisance complaints (including Tampa), condo associations almost always have provisions governing nuisance in their governing documents or by-laws; to involve city law enforcement is unusual unless there is some reason why the issue cannot be settled by the condo board. It is generally considered better to handle such matters in-house if at all possible, to save time and trouble.
That said, an unfortunately common scenario is for associations to have language prohibiting nuisances, but failing to identify what exactly constitutes a nuisance – and just because no widespread definition exists does not mean that a condo association would not be able to define it for their own purposes. Either way, condo associations often have to decide these matters on a purely case-by-case basis, weighing factors like a court in order to come up with an appropriate ruling.
Many Possible Solutions
When dealing with a specific incident of potentially ‘nuisance’ behavior, some actions are obviously unacceptable because they interfere with a person’s quiet enjoyment of their property (which is guaranteed in Florida’s Landlord-Tenant Act). Playing music at top volume past midnight, engaging in physical violence in common spaces, or letting trash build up are obviously violations of the law (and, likely, of the association’s bylaws).
However, “grey areas” are harder to decide upon – to one person it may be a nuisance, while to another it is merely noise. While it may be difficult to decide at the moment, many associations choose to deal with this type of issue by setting limits for the future – for example, explicitly stating that playing music above a certain number of decibels after midnight is a nuisance. In other cases, a board may simply try to establish communication between arguing residents.
Call A Tampa Condominium Association Attorney
A nuisance has the potential to affect everyone in the vicinity, and a condo board must be seen to manage these matters to everyone’s satisfaction. A Tampa condominium association attorney from the Seward Law Office can help straighten things out for everyone. Call our office today to schedule a consultation.
Source:
tampa.gov/service/noise-complaint
