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NEIGHBOR
DISPUTES
There
was a time when boards were advised to stay out of neighbor to neighbor disputes.
Unfortunately, the legislature and the courts have increasingly pushed associations into the role of
resolving disputes internally. This seems to extend even to claims of harassment, threats,
and physical altercations. There are four lines of reasoning for the board's
duty to intervene.
Nuisance.
Owners have a general right to peacefully enjoy their property. Because
associations have the power to impose fines and suspend privileges, boards have a duty to
intervene under the nuisance provisions of their CC&Rs to stop owners from
disturbing the peace.
Health and Safety.
In addition to nuisance restrictions, most documents contain general statements that
the association's purpose is to provide for the health, safety and
welfare of the membership. If an owner poses a threat to other members, the board
may have a duty under these provisions to protect the membership from such
threats.
Landlord Tenant Relationship. Under
landlord-tenant law, landlords must protect
members against foreseeable harm and provide for quiet enjoyment by curbing a
tenant's disruptive conduct. California's Supreme Court has already compared
associations to landlords and owners to tenants. That analogy will likely carry
over to a board's duty to protect members from an abusive, harassing or
threatening owner.
 Fair Housing Act.
Duties may also be imposed by federal law. In a Washington D.C. case, a female owner was harassed by her neighbor who
allegedly shouted racial epithets and made sexual comments to her. The woman
asked her condominium association to take action to stop the harassment. The
association wrote letters to the neighbor but took no further action. The woman sued the association alleging
violation of the Fair Housing Act because it failed to take action
against her neighbor. When the federal district judge ruled that the association
could be held liable for its inaction, the association settled the case by
paying the owner $550,000 and buying her condo.
Reeves v. Carrollsburg Condominium Owners Ass'n
RECOMMENDATION.
Boards should hold hearings
with feuding neighbors and make it clear that any disruptive behavior such
as loud stereos, banging on the walls, shouting matches in the common areas,
etc. will result in fines and suspension of privileges (as provided for in the
governing documents). If the board determines that an owner is a threat to other
residents, the board may have a duty to take further action, such as seeking a
restraining order. When faced with these kinds of situations, boards should seek
legal counsel.
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Sincerely
yours,
Adrian Adams, Esq.
Adams Kessler PLC |
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