Homeowner Wins Suit Against Neighbor for Common Law Nuisance— and Has to Pay Legal Fees to the Offender

This case involved a dispute between neighboring homeowners who are members of a homeowners’ association (“Association”) located in Florida. The dispute pertained to one of the neighbor’s complaints about noise from pool pumps and annoying exterior lighting located on the other neighbor’s property.

The complaining neighbor (“Plaintiff”) alleged that there were two variable speed pumps along with a pool heater located on the side of the neighbor’s (“Defendant”) house that were in very close proximity to Plaintiffs master bedroom window, and that the noise generated by the neighboring pool equipment disturbed Plaintiff’s ability to sleep and enjoy his property. Plaintiff also alleged that exterior lighting installed by Defendant came on throughout the night and caused further disturbance.

Unable to resolve the dispute informally, Plaintiff filed suit against Defendant alleging that the noise from the pool equipment and the lighting created a “common law” nuisance, and also violated the Declaration (CC&Rs) of Association. In the action, Plaintiff sought injunctive relief, damages, and attorney’s fees and costs pursuant to Florida Statutes, Section 720.305.

The trial court found in favor of Plaintiff on the “common law” nuisance claims and awarded Plaintiff injunctive relief and damages. Regarding the Plaintiff’s claims that Defendant was in breach of Association’s CC&Rs, the trial court found in favor of Defendant. The trial court also ruled that each of the parties was responsible for their own attorney’s fees and costs. Both parties appealed the trial court’s decision.

The appellate court stated: (1) under the common law, neighbors have a duty not to interfere with, or to render each other unsafe or insecure in life or in the use of their property; (2):