Arizona Real Estate Law

by Christopher A. Combs

The following is for informational purposes only and is not intended as definitive legal or tax advice. You should not act upon this information without seeking independent legal counsel. If you desire legal, tax or other professional advice, please contact your attorney, tax advisor or other professional consultant.

Disturbing Heat Pump Could Be Considered a Nuisance

Question: Our next door neighbor in our Phoenix community recently installed an electric heat pump to heat their swimming pool to a ridiculous ninety degrees. Electric heat pumps are noisier than gas heaters. This electric heat pump runs from 6:00 a.m. until 3:00 p.m. every day, and during that time the electric heat pump is so loud that we cannot use our backyard. Our neighbor and homeowners association refuse to do anything because apparently, our CC&Rs do not specifically prohibit loud noise. Is there anything that we can do?

Answer: If the electric heat pump is creating a legal "nuisance" which prevents you from the reasonable enjoyment of your home, a judge can issue an injunction against your neighbor. In addition, your CC&Rs should be reviewed carefully because usually there is a provision in the CC&Rs which addresses at least in general terms any noise problems with neighbors. If there is such a provision and the homeowners association will not enforce this provision in the CC&Rs, you as an individual are entitled to enforce this provision the CC&Rs.

Phoenix attorney Christopher A. Combs is a partner with the firm of Combs Law Group, P.C. Reprinted with permission. Copyright 2006, all rights reserved.

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