NUISANCE NOISE

QUESTION: What can be done about owners with flag poles that constantly make noise from the metal clip clanging against the pole day and night?

ANSWER: The board can require owners to use non-metal clips or coat (or wrap) them so they do not make noise.

Quiet enjoyment is the right of a property owner or tenant to enjoy his/her property in peace without interference. There should be a provision in the CC&Rs granting an easement of quiet enjoyment. Disruption of quiet enjoyment may constitute a nuisance, which is generally prohibited in the CC&Rs.

Updated by ADAMS KESSLER 8/21/2007