How Would a Court Determine if Something Is a Nuisance?

Among the multitude of challenges that community association boards and managers face daily, nuisance complaints often present particularly thorny issues. Not every unpleasant situation rises to the level requiring the Association’s intervention and knowing where to draw the line is crucial for effective governance.

At common law, Florida courts have consistently held that a private nuisance exists when there is an unreasonable, substantial, and tangible interference with another’s use and enjoyment of property. The standard generally turns on the factual question of whether there is an appreciable, substantial, tangible injury resulting in actual, material discomfort, and not merely a slight inconvenience or petty annoyance. 

In the context of community associations, the declaration, covenants, and rules are central to the analysis. These documents often contain express prohibitions against nuisances and may go further by barring unreasonable annoyance or interference with peaceful enjoyment. Courts will often enforce these provisions as written, provided that they are neither arbitrary nor capricious. For example, if the declaration prohibits both legal nuisances and any unreasonable source of annoyance, the association and courts may act  to prohibit conduct that falls short of a common law nuisance but still disrupts the community’s peace.

Florida courts also recognize that living in community associations requires a different balance between individual rights and community interests than living in places where there is no association. Owners who purchase homes in a community association must accept certain restrictions on their freedoms  to promote the health, happiness, and peace of mind of the community at large.  This means that conduct which might be permissible in a location outside of a community association could be restricted or prohibited in an association if the conduct disrupts the community. In addition, what constitutes a nuisance may also be somewhat different in multi-family dwelling communities than in detached, single-family home communities.  Residents who buy or lease residences in multi-family dwelling communities should anticipate having to tolerate some degree of sounds, smells, and other inconveniences that naturally and ordinarily accompany living in close proximity to others and sharing common spaces with them. 

Ultimately, whether an activity constitutes a nuisance is a question of law and fact, requiring courts to evaluate the reasonableness of the use and its impact on others, as well as the specific provisions of the association’s governing documents. In handling nuisance matters, associations must weigh factors such as the severity and number of complaints, the details of the alleged conduct, its frequency, and its persistence over time. A thorough review of the governing documents with legal counsel is recommended to identify the association’s options and obligations with respect to enforcement and/or to formulate a strategy to stay out disputes between feuding neighbors.