Forget the coffee or tea, they want some quiet

Question: Our complex is by an airport. A board member lets flight crews stay in his unit any time they want, day or night. The crews aren’t charged for staying. He travels a lot and gets perks in exchange for letting them stay.

The flight attendants are noisy and treat the place like a hotel. They use our facilities and leave a mess behind. The minute a taxi drops them off, cellphones and pagers begin ringing and beeping, chain-smoking starts and luggage-dragging takes over. Owners are awakened every time a crew is dropped off or picked up.

Most owners, including me, oppose excessive rules and regulations, including leasing restraints. Traditionally, complaints to our board have resulted in litigation and worsened nearly every problem.

Is there a nice way for me to handle this without ending up in court or in a war with the board?

Answer: That neighbor may be creating a liability not only for himself but for the association and all owners. Your association’s covenants, conditions and restrictions may include a provision banning the use of the unit for “transient” purposes. Even if they do not, the conduct or lack thereof and the frequent coming and going of each of those people as the owner’s guests remain his responsibility, including any mess they make.

What you described might be deemed a “nuisance,” preventing you and others from full enjoyment of the property. There are always legal avenues of redress available, including arbitration. All are costly, time-consuming and likely to require an attorney, and there’s no guarantee of an amendable resolution.

Before you embark on any of those alternatives, exercise your right under Civil Code section 1363.05 (Open Meeting Act) to speak to the board. Explain the situation and ask what the board suggests be done. The board’s fiduciary duty requires it to act in good faith, exercise due care and perform due diligence.

As a board member, the offending owner will be forced to listen to the problem, address the issue on the record and have the results of the board’s deliberation documented in the minutes circulated to the entire membership. That may be an effective way to resolve this problem.

*

Wind chimes create a racket

Question: A board director who often travels out of state recently hung up wind chimes in her outside patio. Her unit is in the middle of a complex consisting mostly of cement. The acoustics amplify the chime noise and grate on everyone’s nerves.

Other owners have wind chimes but take them down or tie them up when they leave their houses or are out of town.

This board member is extremely vindictive, and any complaint to the board would result in a prolonged board-against-neighbor war. Because of her inconsideration, the rest of us lose sleep. Can we fix this problem without turning every neighbor against us?

Answer: Wind chimes have one purpose -- they make noise. For all the pleasure they bring to some, to others they are a pain. In a common-interest development environment, wind chimes can be considered a nuisance.

Your options begin with simply asking the neighbor to take the chimes down, regardless of whether she is in town or away. If that fails, ask your board to take action. Finally, if no resolution is achieved, you can sue on the basis that the chimes are a nuisance. A lawsuit is a costly and stressful route.

Addressing the board places it in a position of intermediary. Depending on that board’s collective personality, it could be resolved nicely, or this could be a long-drawn-out process with no resolution in sight.

Instead of a letter or threat, try placing a card in the owner’s mail slot politely explaining the problem. Explain that the chimes can make a lot of noise and ask if there might be a way she could please try to silence them.

Be sure she understands you are not asking to muffle the chimes forever, only when she is away and in situations in which she is unable to control the noise, such as during high wind or rain. Her response or lack thereof will determine your next move.

*

Please send questions to: P.O. Box 11843, Marina del Rey, CA 90295 or e-mail your queries to noexit@mindspring.com.