In this article, you will learn how to handle a situation where one unit owner makes life unbearable for the other owners in the building. One of the unit owners disturbs everyone around them with their behavior. The other residents constantly face problems: whether it’s banging on radiators every night, smashing furniture on the floor, throwing items out of windows, polluting common areas, shouting vulgarities at neighbors, ringing doorbells late at night, or making unauthorized alterations to shared parts of the building. Everyone in the building has had enough. What can be done?
Steps Taken by the Home Owners' Association (HOA) against the Nuisance Unit Owner
The home owners' association (HOA) may intervene in extreme cases. The first step is for the HOA to send the neighbor in question a written warning. This warning must include the following:
- Reason for issuing the warning: describe the nature of the owner’s disturbing behavior
- Notice of the possibility of the HOA to file a motion for the forced sale of the unit: the owner must be informed that if they do not stop the described behavior, the HOA will have to ask the court for a forced sale of their unit.
- A request to refrain from breaching obligations: the owner must be urged to stop the described disturbing behavior (and, if applicable, to remove the consequences – such as pollution, etc.).
- Deadline for remedy: the disturbing owner must be given a period of at least 30 days to rectify the situation.
After sending the warning, it is necessary to assess whether the owner in question has reformed or not. If not, an extraordinary meeting of the HOA must be convened. At this meeting, the owners will vote on whether the HOA should submit a proposal to the court for the forced sale of the disturbing owner’s unit.
Filing a Lawsuit
Filing the proposal requires the approval of a majority of all unit owners. The vote of the disturbing owner does not count. If the owners decide in favor of the lawsuit, the HOA will submit to the court a motion for the sale of the disturbing owner’s unit on the grounds that this neighbor violates their obligations in a way that substantially restricts or prevents the exercise of rights by the other unit owners.
Although this is an exceptional measure, especially in cases of long-term and severe harassment, the court may grant such a proposal and order that the apartment of the disturbing neighbour shall be sold. Whether the neighbour agrees or not.
Conclusion
If a neighbor in your building has been repeatedly disturbing the peace and seriously harassing other residents, we recommend consulting a lawyer to discuss possible next steps. We’ll be happy to assist you in such a situation.
