By Lisa A. Tashjian, Esq.
Published in the CAI-Channel Islands Chapter's Channels of Communication
2016 2nd Quarter Magazine
Boards are continually faced with trying to turn lemons into lemonade. The most common “lemons” boards are faced with are neighbor-to neighbor disputes. What should boards do when faced with these types of owner disputes which are never pleasant and almost always adversarial? Does the Board of Directors have a duty to step in and, if so, what authority does it have to act in such situations? How does the Board make lemonade from these lemons?
Many neighbor-to-neighbor disputes arise from smoking complaints and noise violations. Owners often complain when smoke, loud music or other noise emanates into their units from a neighbor, either through the interior of the units, common areas, or exclusive use common areas, such as patios and balconies. The board’s duty to act in these types of situations depends on the specific provisions contained in the association’s governing documents and the specific facts regarding each violation. Each is unique, and each should be analyzed separately. If these matters are not resolved at the inception they can escalate exposing the association to liability.
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