Condo Unit Owner Turns Common Area Into Work Area!

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D.T. from outside of Connecticut writes:

Dear Mister Condo,

I live in a Condo complex, is my neighbor allowed to use power tools outside in the courtyard? I am assuming this is a common area and it is very noisy and shrill. Our association rules state that “No occupant shall make or permit any noises that will disturb or annoy the residents of any of the condominium units or permit anything to be done which will interfere with the rights, comfort or convenience of other owners or residents.”

Mister Condo replies:

D.T., I am sorry that you are having to deal with this annoyance. It would appear that the rules and regulations of your association would prohibit the use of noisy power tools. The question now is who will enforce the rules? If you have made a complaint to the Board or Property Manager, that is all you can do. It is up to the Board to take action, usually in the form of a citation to the unit owner. The owner would be asked to appear before the Board and defend against the charge that they violated the rule. The Board is then free to assign a fine as outlined in the governance documents. As you can imagine, summoning unit owners to appear before the Board and fining them for improper behavior is not the best way to build community and some Boards are reluctant to do so. If this was a one-time occurrence, a warning may be all that is needed. However, it this is an ongoing or repeated offense, the Board may have to take action. Either way, I am hopeful that the peace will be restored in your community. Good luck!

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