4.09 Noise

• Library: South Carolina Community Association Law: Condominiums and Homeowners Associations (SCBar) (2019 Ed.)

4.09 Noise

Noise is often a source of conflict in condominiums.²⁵⁹ For example, in Candib v. Carver²⁶⁰ a unit owner²⁶¹ installed flooring without insulation or soundproofing and without prior approval of the association as required by the condominium documents. Noise from his unit disturbed his downstairs neighbor who brought a nuisance action.²⁶² While both the trial and appellate courts agreed that the facts of the case did not establish a nuisance, the latter found that a cause of action could be found in the condominium declaration which provided:

No nuisances shall be allowed on the condominium property, nor shall any practice be allowed which is a reasonable source of annoyance to unit owners, or which interferes with the peaceful and proper use of the condominium property by any unit owner... .²⁶³

This language, said the court, conferred on owners ". a right of protection against a degree of annoyance, which may be less than a legal nuisance."²⁶⁴ The cause was remanded to determine whether the plaintiff was entitled to an injunction to prevent "... any use or practice which [constituted] an unreasonable source of annoyance or which [interfered] with the peaceful and proper use of [the] unit by the plaintiff."²...