Association Answers: Package Theft Enforcement and Noise Complaints

In Association Answers, KSN attorney Matthew Moodhe addresses frequently asked questions from community association board members and property managers. If you have legal concerns, please contact Matt or any of the attorneys at our law firm by calling 855-537-0500 or visiting www.ksnlaw.com/contact.

Q: What can a board do if a resident or tenant is stealing packages from other association residents?

Package delivery has become increasingly common in community associations, which has also led to a rise in package theft issues on doorsteps, front porches, shared mailrooms, and common areas. When a resident or tenant is suspected of taking packages belonging to other residents, that conduct may violate the association’s governing documents as well as applicable criminal laws.

Most governing documents prohibit illegal, noxious, or offensive conduct within the community. If a resident or tenant engages in theft or similar behavior, the board may have the authority to take enforcement action against the unit owner and, in some cases, pursue termination of the lease. However, specific rights and procedures vary by state and governing documents so boards should consult with the association’s attorney before taking action.

As a best practice, boards should follow a formal enforcement process, including:

• Providing written notice of the violation to both the owner and tenant
• Offering an opportunity for a hearing if required
• Reviewing available evidence such as security footage or witness statements

If the violation is confirmed, enforcement options may include fines, lease violation notices, or requiring the owner to take corrective action which could include eviction proceedings if permitted.

Boards should also involve the association’s attorney early in these situations. Theft allegations can escalate quickly and may involve evidentiary issues, tenant rights, and potential liability if not handled properly. An attorney can help ensure the association follows the correct procedures, preserves key evidence, and takes appropriate action that is both effective and legally compliant.

Q: How should a board handle ongoing noise complaints and disruptive behavior between units?

Noise complaints are one of the most common issues in community associations, especially in condo and townhome communities where units share walls, floors, and ceilings. A certain level of everyday noise (ex. footsteps, conversations, televisions at a reasonable volume) is generally unavoidable in multi-unit living. Boards should recognize this distinction between normal living noise and conduct that rises to the level of a nuisance or rule violation.

When complaints involve typical day-to-day noise, boards are generally not in a position to eliminate those sounds. However, when an owner’s response to those noises becomes disruptive or behavior that interferes with other residents’ quiet enjoyment (ex. repeated pounding on walls or ceilings, harassment of neighbors), that conduct may violate the association’s governing documents. In those cases, the focus shifts from the original noise complaint to the retaliatory or disruptive behavior itself.

As a best practice, boards and management should move from informal efforts to formal enforcement if these disruptive behavior continues. This typically includes:

• Sending written violation notices
• Providing an opportunity for a hearing if required
• Imposing fines or other penalties consistent with the governing documents and applicable law

If the behavior persists or escalates, the association may need to pursue further legal action to stop the conduct and protect the community.

Boards should also work with the association’s attorney when addressing these types of disputes. Noise-related issues can quickly escalate into owner conflicts, selective enforcement claims, or potential fair housing concerns depending on the circumstances. Legal counsel can help ensure the board is enforcing its rules appropriately, documenting its actions, and taking steps that are both effective and legally compliant.

Legal Resource

Do not hesitate to contact our law firm if your condominium, homeowner (HOA), or townhome community association has questions regarding board member responsibilities, owner disputes, or other legal concerns.

Please call 855-537-0500 or visit www.ksnlaw.com.

Since 1983, KSN has been a legal resource for condominium, homeowner, and townhome associations. Additionally, we represent clients in real estate transactions, collections, landlord/tenant issues, and property tax appeals. We represent thousands of clients and community associations throughout the US with offices in several states including Florida, Illinois, Indiana, and Wisconsin.

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