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Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Real Estate Law
Satisfied Customers: 113450
Experience:  Licensed attorney practicing landlord-tenant, land use and other real estate law and litigation.
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There is a moveable speedbump outside our bedroom window

Customer Question

There is a moveable speedbump outside our bedroom window that not many slow down for and makes noise that wakes us up at night and startles us by day we have offered to move it down the street a bit, board says no it is becoming a serious health issue
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  Law Educator, Esq. replied 1 year ago.

Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.

If the board has refused to move the speed bump and it is causing a nuisance and interfering with your use of your premises, then I am afraid you have only limited options remaining. The first option is reviewing your bylaws and proposing a bylaw change in accordance with those bylaws to get the speed bump removed and get the membership to vote on the bylaw change. Your only other remaining option if you cannot get the bylaws changed is that you would need to sue the association for the nuisance created by the speed bump and take them to court for the speed bump interfering with your peaceable use and possession of the property and actually causing your property to be devalued because of the noise that it is creating.

Other than these options, I am afraid that this is the problem living in these associations, the associations get to make rules that may not be pleasant to those who live there and unfortunately, people are stuck with the rules they make if the board refuses to change them unless they go to court.

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