HOA Law Blog
Blog posting by David C. Swedelson, Condo lawyer and HOA attorney; Senior Partner SwedelsonGottlieb
Amazing story out of Florida involving an attorney/owner of a condominium who asked her condo association to place a trash receptacle in the mail room so she could have a convenient place to dispose of her junk mail. When her association declined the request because of a concern about having to maintain that trash receptacle (as owners may put more than junk mail in the trash), the owner decided that she would just dump her mail on the floor. This is a true story; you can’t make this stuff up.
News reports indicate that the association sued the attorney-owner for breach of the governing documents because what she was doing was allegedly a nuisance. And almost all (I would say all, but I suspect there may be a California condo association or HOA that does not have one) California community associations have a prohibition on nuisances, generally defined as something that interferes with another owner or resident’s “quiet enjoyment” of their condo or home. Often CC&Rs will provide that any violation is a nuisance.
As the