Just imagine, there are two residents in the community who for whatever reason do not get along. Unfortunately they live right next to each another!
KRJ receives phone calls and emails from these two weekly. Your property manager has received complaints from both owners for things such as loud music, a barking dog, driving too fast through the property, damage to car ports when one neighbor backed a trailer out of their driveway, and many more.
What is the Association supposed to do about all of these issues and the time it’s taking the manager to deal with them?
We investigate the complaints and decide if the complaints are truly a nuisance or just an annoyance.
In legal terms: “Every annoyance or disturbance of a landowner from the use made of property by a neighbor does not constitute a nuisance. The question is not whether the plaintiffs have been annoyed or disturbed ... but whether there has been an injury to their legal rights. People who live in organized communities must of necessity suffer some inconvenience and annoyance from their neighbors and must submit to annoyances consequent upon the reasonable use of property by others. (Schild v. Rubin (1991) 232 Cal.App.3d 755 , 764.) (Source: Davis stirling.com)”
If the investigation determines that it’s a nuisance the HOA board must take action. Some of these may be violations and are addressed in the Associations governing documents. Our manager can send a violation notice to the offending owner directing them to change their ways or face fines.
The C3F Rules and Regulations states “Unlawful, obnoxious or offensive activity is prohibited in any unit or elsewhere on the property which constitutes a nuisance or causes unreasonable noise or disturbance to others. What constitutes obnoxious or offensive activity is be in the sole discretion of the Courtyards of Three Fountains’ Board of Directors”
An annoyance should be handled between residents, and KRJ cannot and should not get involved.
Take a moment to read the entire R&R list on our website here.