ENFORCEMENT:
NUISANCES

What is a Nuisance?

Black's Law Dictionary

• A condition, activity, or situation (such as a loud noise or foul odor)that interferes with the use or enjoyment of property

ASHLEY'S GUIDELINES*
1. an activity that unreasonably interferes with the use or quiet enjoyment of another resident of their separate interest or exclusive use common area;
2. a use that creates conditions that are hazardous, noxious, or offensive; or
3. a violation of a local, state, or federal law.

*Depends on your association documents!

Governing Documents:
Do they give the Association the power to enforce against nuisances?

Examples of Nuisance Provisions in Governing Documents

Examples of Nuisance Provisions in Governing Documents

No nuisances will be allowed upon the Property, nor any use or practice that is the source of annoyance to residents or which interferes with the peaceful possession and proper use of the Property by its residents. Residents shall exercise extreme care about creating disturbances, making noises or using musical instruments, radios, televisions and amplifiers that may disturb other residents. All parts of the Project will be kept in a clean and sanitary condition, and no rubbish, refuse or garbage shall be allowed to accumulate, nor any fire hazard allowed to exist. All garbage and trash shall be placed inside disposal containers that are properly screened from view. No Owner will permit any use of his Lot or make any use of the Common Area that will increase the cost of insurance upon the Common Area.

Sec. 4. No nauseous or offensive condition shall be permitted upon any part of said property, nor shall anything be done thereon which may be or become an annoyance or nuisance to the neighborhood.

Typical Examples of Common Nuisances within an Association

NOISE

• Music
• Loud arguing/Talking
• Parties
• Hard surface flooring
• Pets
• Commercial activities/Traffic
• Playing Children

DANGER!!!
Fair Housing Issues!

HEALTH and SAFETY

• Smoking - Cigarettes, Marijuana, and Vaping
• Outdoor cooking/Fires
• Pests/Rodents/Insect infestations
• Hoarding
• Pets/Pet waste
• Commercial activities/Traffic

Smells and Odors

• Smoking - Cigarettes, Marijuana, and Vaping
• Garbage
• Pets/Pet waste

MARIJUANA

Marijuana, although legal in Oregon, is illegal under Federal Law

Adopting Rules and Regulations

5 Things a Board Must Consider

• Does the rule serve a legitimate purpose?
• Is the rule reasonable?
• Is the rule consistent with the governing documents, local and state laws and regulations, and federal laws and regulations?
• Is the rule consistent with public policy?
• Does the rule limit Board discretion for enforcement?

Commonly Adopted Rules/Regulations

Smoking Policy
Restricting Use in Common Areas, and Limited Common Elements

It takes an amendment by the residents to ban smoking in Units

Mitigation
-To make less severe or intense-
Banning smoking in the Units might require the Condominium to mitigate

Noise Regulations

• Hour restrictions
• Require prior approval for use of common areas for events/parties

Commercial Use Restrictions

• Restricting or limiting commercial activities within the Association

Enforcing the Rules and Regulations

Strictly follow your Resolution

• Notice of violation
• Opportunity for a hearing
• Fine according to governing documents or Schedule of Fines
• Restrict access to common areas - pools, clubhouses, barbeque areas
• Mediation/Arbitration - if required by your documents

The "Jiffy Lube" Rule

PITFALLS

Beware of:
1. Ambiguity in documents
2. Drafting errors

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amy@vf-law.com
503.684.4111