RE Q&A: Can My HOA Enforce ‘Quiet Time’?

FORT LAUDERDALE, Fla. – Question: My downstairs neighbor often hangs out on his porch, which is directly under ours, and due to his drinking and smoking pot, we hear loud, explicit conversations into the early morning hours at least twice a month. Our bylaws state that “quiet time” is between 10 p.m. and 7 a.m., but the HOA says they can only send him a reminder letter. I work and need my sleep, but management suggests calling the police, which I’m reluctant to do. Any suggestions on how to handle this? — Donna

Answer: While everyone has the right to enjoy their property, this right does not extend to actions that prevent their neighbors from enjoying the same privilege. When someone’s use of their property interferes with their neighbor’s peaceful enjoyment of their home, it is known as a “nuisance.” Under the law, excessive noxious smells, smoke and noise are considered nuisances.

What is considered a nuisance can vary depending on the situation, so it is essential to figure out what would be considered reasonable in your specific case. For instance, an occasional party that ends before most people go to bed differs from loud music that continues until 4 a.m. every weekend.

Your community association is unwilling to take the necessary action to enforce the rules, so you are left with the burden.

You can insist that your HOA deal with the situation. If you need help getting the property manager to act, attend a board meeting and politely bring the problem to their attention.

You should also speak with your neighbor and explain that you need to work early and cannot sleep when he is being loud. He may not even know he is bothering anyone.

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