Many Albuquerque residents appreciate how their homeowner association (HOA) can assist its members with services such as landscaping or trash collection and maintain shared amenities like a community swimming pool, playground or fitness area. What some residents might be less happy about is the regulations set forth in the HOA’s covenants, codes and restrictions, especially when those rules clash with what the homeowners want to do on their own property.

HOAs establish rules coinciding with local, state and federal laws as well as often stipulations to govern the appearance, feel and welfare of their neighborhood. It’s not unusual for some residents in an HOA to question or disobey the rules or for their annoyed neighbors to report them for potential violations.

Here’s a list of many of the nuisances commonly reported among residents of HOAs: 

  • Noisy neighbors
  • Smoking in common areas
  • Bad odors
  • Pets
  • Kids’ playing noisily 
  • Renters breaking the rules
  • Improper remodeling 
  • Landscaping violations
  • Too many vehicles
  • Home businesses
  • Outside clutter or storage
  • Hoarding
  • Pests
  • Campfires
  • Holiday decorations

Nuisances can range from the booming speakers of a home theater to an inoperable vehicle sitting in the driveway and issues as numerous as people are unique. Some of the most common legal actions involving HOAs arise from nuisance complaints. Nuisances can interfere with the peace of neighbors, be causes for safety concerns or break government laws.

In order to avoid nuisances, HOAs should make sure residents—including renters—understand the covenants, codes and restrictions as well as maintain clear lines of communication between association leadership and members. HOA boards shouldn’t show favoritism but should enforce the rules equally and promptly.

If your homeowners’ association feels overwhelmed by nuisance issues, it’s important you know your legal rights and options. Speaking to an attorney experienced in New Mexico HOA issue management may help you get on a path toward resolving problems so you may enjoy an amicable community once again.