Living in a condominium, homeowner (HOA), and townhome community association comes with shared spaces and close proximity to neighbors, which can sometimes lead to nuisance complaints. From noise disruptions to unpleasant odors and smoke, addressing these issues promptly and fairly is essential for maintaining harmony and ensuring a positive living environment for all residents.


Addressing Noise Complaints in Community Associations

Noise complaints are among the most common issues in community associations, as the close proximity of neighbors can easily lead to disruptions. Comon examples include:

  • Music and social gatherings – This may include loud music and parties.
  • Outdoor activities or yard work – This may include leaf blowing, fireworks celebrations, or vehicle repairs.
  • Construction and renovation noise – This can generate significant noise, particularly in condo and townhome communities with shared walls.
  • Pet noise complaints – Barking dogs or other loud pets.

Whether it’s loud music, construction projects, or barking dogs, excessive noise can disturb the peace and create tension among residents. Establishing quiet hours is an effective way to set clear expectations for noise levels. These hours, often spanning late evenings to early mornings, help minimize disturbances during times when most residents are sleeping. Associations should clearly outline quiet hours in their governing documents and communicate them regularly to residents to encourage compliance.


Odors Complaints in Community Associations

From cigarette smoke infiltrating neighboring units to strong cooking smells, odor nuisances tend to be more common in condominium and townhome associations due to the close proximity of units and the shared walls, ventilation systems, or hallways that can easily transmit smells between neighbors. This can make it more challenging to contain strong or unpleasant odors, often leading to resident complaints and potential conflicts.

Boards and property managers must take a proactive approach to address and resolve odor complaints, balancing the rights of individual residents with the needs of the community. Common odor nuisances in community associations include:

  • Cigarette or marijuana smoke – Odors from smoking that seep into neighboring units or common areas.
  • Pet odors – Strong smells from pet waste, uncleaned litter boxes, or excessive pets.
  • Cooking odors – Pungent or persistent smells from certain spices, fried foods, or grilling.
  • Garbage or trash – Odors from overflowing or improperly managed trash bins.
  • Chemical smells – Strong odors from paint, cleaning products, or pesticide applications.
  • Mold or mildew – Musty smells caused by dampness, leaks, or poor ventilation.
  • Sewer or drain Issue – Foul smells from backed-up plumbing or poorly maintained septic systems.
  • Composting or gardening – Unpleasant odors from poorly managed compost piles or fertilizers.


Cigarette, Cigar, and Marijuana Smoke as a Nuisance

Smoke can become a significant nuisance in multi-unit dwellings, where it can easily infiltrate neighboring units through shared ventilation systems or open windows. This includes not only cigarette, cigar, and marijuana smoke but also vapor from e-cigarettes and hookah smoke, which can produce strong odors and residual particles that affect nearby residents. Associations should address these complaints promptly, recognizing the need to balance individual freedoms with the community’s right to a comfortable living environment.

For example, implementing smoke-free policies in common areas (ex. clubhouses, pool decks, hallways) and, when feasible, within units can help reduce conflicts. These policies should be carefully drafted by the association’s attorney to ensure they are clear, enforceable, and compliant with state and local laws, while also considering reasonable accommodations for medical marijuana use.

Additionally, fostering open communication between neighbors can promote a culture of mutual respect and understanding. Taking proactive steps to address smoke as a potential nuisance can prevent minor irritations from escalating into larger owner disputes.


A Note on Medical Marijuana

As the legalization of cannabis expands across the United States, associations face new challenges in managing its use within their communities. Board members and property managers must navigate the complexities of recreational and medical marijuana use, address nuisance concerns about marijuana smoke, and fulfill their responsibilities to maintain a well-managed community association.

Association residents with medical marijuana prescriptions may request accommodations under the Fair Housing Act. Board members and property managers should handle these requests with sensitivity, balancing the individual’s medical needs with the community’s right to a smoke-free environment. Possible solutions include allowing the use of non-smoking forms of marijuana (ex. edibles, topicals) or designating specific areas for use.

Additionally, clear communication and documentation of any accommodations are essential to avoid misunderstandings or potential legal disputes. Working with the association’s attorney is crucial in these situations to ensure compliance with federal and state laws while addressing the needs of all community members.


Legal Resource

Associations must proactively address potential nuisance issues including noise levels, odors, smoke, and the complexities of marijuana use within their communities. By working with the association’s attorney to draft clear, enforceable policies that address common nuisances, boards can effectively manage these challenges in an effort to avoid potential owner disputes and legal issues.

Do not hesitate to contact our law firm if your association has questions about noise complaints, owner disputes, marijuana regulations, pet rules, drafting/updating association policies, 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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