Etc,that will interfere with the rights,comforts ...of the unit owners.no unit owner shall play upon or suffer to be played upon, or suffer
to be played upon,any musical instrument or operate or suffer to be operated a television,radios etc,in his unit in such manner as to disturb or annoy other occupants of the condominium.my neighbor annoys me with her piano when I rest,the board failed to solve the issue ,what to do?
Residential Real Estate Lawyer
Any unit owner can enforce the restrictions against other unit owners and it is not advisable for the condo association to get involved in these disputes. The loser will most certainly want to take legal action against the association and everyone pays the price.
While the rule strictly prohibits annoying neighbors, the court will usually not take such a strict position and will apply the "reasonable person" standard, which means if you are hypersensitive to noise, you most likely would not win your case. You can bring an action for breach of restrictions or a private nuisance and seek injunctive relief to abate the noise.
Hopefully you have tried to talk to the neighbor first and work this out.
This communication is not intended to create an attorney/client relationship. It is always recommended you consult an attorney in person to discuss your case. The Law Offices of Stage & Associates practices state-wide and represents homeowners and community associations. Please visit our website at www.stagelaw.com.
Estate Planning Attorney
You don't mention if your neighbor plays her piano at unreasonable hours, say, when you are trying to sleep at night, or if it is during the day. You also don't mention if this is a new disturbance or if the piano-playing has been going on for many years. These things matter in what remedies you may have to resolve your issue. If she is playing late at night, then she is violating your rights to quiet enjoyment of your domicile and it can become a police matter. If she is just playing during the day - what would you have her do??? Not play her piano at all??? You may want to assess the value in creating an uncomfortable situation with a neighbor (and where THAT can end up) and just finding an easier solution, such as earplugs for when you want to nap during the day. Or, tell her when you are likely to take a nap and ask her if she could play her piano at other hours. Good luck.
Carol Johnson Law Firm, P.A. : (727) 647-6645 : firstname.lastname@example.org : Wills, Trusts, Real Property, Probate, Special Needs: Information provided here is anecdotal and should not be relied upon or considered legal advice. Every matter is different and answers given here are general in nature and may not reflect current Florida law at the time you are reading this posting. Please contact me if you feel you need additional assistance with your matter.
The Covenants and Restrictions will govern the relationship between the association and unit owners. Generally, unit owners must obey city ordinances regarding noises, but the Covenants and Restictions may have more stringent rules about noise. I recommend you talk with an attorney about your situation.
This response does not create an attorney-client relationship. Unless you are already a client of the Law Office of Preston H. Oughton, pursuant to an executed fee agreement, you should not use, interpret, or rely on this response as legal advice or opinion. Do not act on any information in this response without seeking legal advice. Preston H. Oughton email@example.com (904) 854-6336.