| Following are questions and answers concerning nuisances arranged
in what we believe is a logical sequence. Additional questions and
answers are added regularly, so please visit our site often. Please
feel free to make copies for non-commercial purposes.
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Q:
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What is a nuisance?
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A: |
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California Civil Code Section 3479 defines a nuisance as:
"anything which is injurious to health, including but not limited to
the illegal sale of controlled substances, or is indecent or
offensive to the senses, or an obstruction to the free use of
property, so as to interfere with the comfortable enjoyment of
life or property".
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Q:
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Do homeowner association CC&Rs generally define and
prohibit nuisances?
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Yes. Nuisances are defined in most CC&Rs of common interest
developments. These definitions are generally much broader
than the statutory definition. In fact, many homeowner
associations are amending their CC&Rs for the purpose of
creating broad language that can be used to abate many types of
undesirable activities. In addition, some associations are
amending their CC&Rs to permit the board of directors to
determine whether a nuisance exists.
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Q:
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How do you prove that a nuisance exists?
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The following elements must be proven in a court of law to
prevail on a nuisance claim:
- That the plaintiff owned, leased, occupied or controlled the property;
- That the defendant created a condition that (one or more):
- Was harmful to health
- Was indecent or offensive to the senses
- Was an obstruction to the free use of property, so as to interfere with the comfortable
enjoyment of life or property.
- That this condition interfered with the plaintiff’s use or
enjoyment of his or her property;
- That the plaintiff did not consent to the defendant’s conduct;
- That an ordinary person would be reasonably annoyed or
disturbed by the defendant’s conduct;
- That the plaintiff was harmed;
- That the plaintiff’s conduct was a substantial factor in causing
the plaintiff’s harm; and
- That the seriousness of the harm outweighs the benefit of the
defendant’s conduct.
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