Many condos have rules prohibiting occupants from disturbing others. What if any teeth can be put in the rule so that the Administrator and/or Assembly, if necessary, can quickly end the disturbance.
Suppose a condo has a rule prohibiting nose that disturbs others in their apartments or the common areas. If a barking dog or loud music disturbs others and even after the administrator verifies the disturbance and tells the offender or owner of the dog that the disturbance must be stopped the disturbance continues, what action can be taken?
Suppose, too, that the rule includes this provision in case the disturbance continues: "The Administrator is authorized to take whatever action is necessary and to charge the cost to the owner if the disturbance continues after a warning is received."
Does "whatever action is necessary" allow the Administrator to call the police and have them take the barking dog away? Does it allow the Administrator to confiscate the machine that the loud music is coming from? If not, what can the administrator do?
Hopefully going to the Land Court is not the only remedy. The time that takes, even with an expedited hearing can seen interminable if you are being driven crazy by barking, loud music, or what have you.
If "take whatever action is necessary" is, in reality, means only initiating legal action, are there any specific penalties that can be put in the rules? For example, can there be a significant monetary fine levied against the offender for each violation? Something that is likely to get quick action?
Suppose a condo has a rule prohibiting nose that disturbs others in their apartments or the common areas. If a barking dog or loud music disturbs others and even after the administrator verifies the disturbance and tells the offender or owner of the dog that the disturbance must be stopped the disturbance continues, what action can be taken?
Suppose, too, that the rule includes this provision in case the disturbance continues: "The Administrator is authorized to take whatever action is necessary and to charge the cost to the owner if the disturbance continues after a warning is received."
Does "whatever action is necessary" allow the Administrator to call the police and have them take the barking dog away? Does it allow the Administrator to confiscate the machine that the loud music is coming from? If not, what can the administrator do?
Hopefully going to the Land Court is not the only remedy. The time that takes, even with an expedited hearing can seen interminable if you are being driven crazy by barking, loud music, or what have you.
If "take whatever action is necessary" is, in reality, means only initiating legal action, are there any specific penalties that can be put in the rules? For example, can there be a significant monetary fine levied against the offender for each violation? Something that is likely to get quick action?
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