Noisy neighbor, condominium, Minnessota
Full Question:
Answer:
Homeowner's associations are creatures of statutes. Minnesota's statute (515A.1-103) says:
(3) "Association" or "unit owners' association" means the
unit owners' association organized under section 515A.3-101.
That statute provides as follows: 515A.3-101 Organization of Unit Owners' Association.
A unit owners' association shall be organized no later than
the date the condominium is created. The membership of the
association at all times shall consist exclusively of all
the unit owners or, following termination of the
condominium, of all former unit owners entitled to
distributions of proceeds under section 515A.2-120, or their
heirs, successors, or assigns. The association shall be
organized as a profit or nonprofit corporation.
Homeowner's associations as a general rule have limited authority. Minnesota law provides:
515A.3-102 Powers of Unit Owners' Association. (a) Unless limited by the provisions of the declaration, the association may: (1) adopt and amend rules and regulations; (2) adopt and amend budgets for ... of a declarant of units to which more than 50 percent of the voting power is allocated, the association may by resolution of a meeting of the members duly called grant leases, licenses, and ... reasonable fines for violations of the declaration, bylaws, and rules and regulations of the association; (12) exercise any other powers conferred by state law, the declaration, or bylaws. (b ... association to deal with the declarant that are more restrictive than the limitations imposed on the power of the association to deal with other persons. HIST: 1980 c 582 art 3 s 5153-102.
Nothing in Section 515A.3-102 of the Minnesota statutes appears to grant a Minnesota homeowner's association any authority over or in regard to the conduct of any members of the association. In that regard it is typical of the law governing homeowner's associations throughout the United States.
A homeowner may be left to his own legal remedies regarding the disruptive conduct of a noisy neighbor, even though both are members of the same homeowner's association.
Please see the information at the following links:
http://www.tn-law.com/CM/Real-Estate/Townhome-Condominium-Law.asp
http://www.patrickburnslaw.com/PracticeAreas/Homeowners-Association-Law.asp
