Noise coming from adjacent units is a common problem. It can be caused by many things, including music, instruments, appliances, running, jumping, or a myriad of other causes. Our advice has almost always been that if you have a rule, you need to enforce it uniformly against all. However, with noise, it is often difficult […]
Is Your Upstairs Neighbor Noisy? – Floor Covering Restrictions Read More »
A defense owners can raise if the Board claims the owner has violated the rules is “selective enforcement,” meaning the Board arbitrarily picks on some violators and not others. In addition, owners oftentimes like to rely on approval given by one board member, taking that as “Board approval” of the owner’s actions. The case below
Facts In 2016, Plaintiff sent Defendants a letter telling them that the dog-breeding building (“kennel”) they built violated the restrictive covenants of the Texas association. The restrictions had been recorded in 1981. The letter stated that the kennel constituted a “noxious or offensive activity.” Defendants tried sound proofing the kennel in response. Plaintiff’s then sued
GOOD BYE: Association Who Fails to Enforce Covenants Loses Right to ENFORCE Read More »
