What responsibility does the HOA have to handle nuisance complaints
Hello! Hopefully you can enlighten me! I live in a condo community and we have a homeowner who smokes incessantly and everywhere, their back patio, common areas, pool area. They are outside smoking from early morning to late at night. The HOA has a no smoking rule in the R&R’s but nothing in the CC&R’s or Bylaws. Several people have complained but the board won’t enforce it. Can you tell me what is their obligation? They do enforce other nuisance complaints.
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Susan,
The association has the right to establish rules on nuisance regulation that reasonably interfere with the ability of any other homeowner to enjoy their homes or the common property. So, the association has the right to establish that restriction on smoking. But once they establish that rule, they have an obligation to either enforce it fairly and consistently or to remove it.
Dennis