Residents in community associations do not have the right to make an unlimited amount of noise. There are nuisance provisions found in nearly all CC&Rs that provide associations the right to fine owners and, if necessary, go into court for an order against the offending party.

Notwithstanding that owners have the reasonable right to quiet enjoyment of their property, it does not mean they have the right to a noise-free environment. To constitute a nuisance, the noise must be such that it causes an unreasonable disturbance or annoyance. It cannot be trivial. Since a nuisance is largely subjective, associations are not obligated to become involved in disputes where the noise causes mere inconvenience. If, in the board's opinion, a nuisance exists, it may send a cease and desist letter or, following a noticed hearing, it may impose a fine, suspend privileges, and/or take legal action to the abate the nuisance.

Concerning hardwood or tile floors, it is best to have an objective standard set forth in the association's rules or CC&Rs. This will minimize the chance of a lawsuit.

Excessive noise created by owners or renters in a condominium building are almost always neighbor to neighbor issues that will not involve the homeowner association. Under Section 415 of the California Penal Code, it is illegal for any resident to knowingly create loud and unreasonable noises as a means of disturbing another. The violation is narrowly defined. Those convicted of violating the law face a maximum of 90 days in jail and/or a maximum fine of $400. The time of day is not relevant. The burden of proof requires witnesses and/or scientific noise measuring devices which are expensive. The only time an HOA should be expected to get involved is when the noise creates a nuisance affecting the members of the association as defined in the association's CC&Rs or Civil Code Section 3479. Creating noise often leads to retaliation and should be avoided.