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JaehwanC (California)
Posts: 1
Posted:
I live 2nd floor condo with my wife and 2 and 4 years old kids. I have been living there almost 2 years now. Before we moved into this condo we remodeled the floor to wood floor with 1/2 inch cork soundproof barrier as HOA required. The neighbor under my unit filed noise complains about 3 month after we moved in through HOA. We bought extra heavy form mattress about one and 1/2 inch thick and covered the bedroom floor to lower the possible noise since we have little kids and they make extra noise such as running and jumping. We try hard to keep them to be quiet and not running and jumping as much as we can. We have not heard any complains since then from the neighbor or HOA. About 2 month ago we had another letter from the HOA regarding the noise again. This second notice was about one year after the first notice. First, I wondered why the neighbor complains again this time. Anyway, we purchased more form floor mattress and covered other areas. We almost covered all the hardwood areas now. I wrote a letter to the HOA regarding what I have done to lower the noise level. I also wrote that I hear noise such as foot steps from the unit above my unit when I was alone at home in a quiet condition. The point is that my neighbor under my unit stay at home all the time. They are retired couples. My family with two kids also spend great amount of time at home with normal kids activities. I had another letter from HOA saying that they will have hearings for this issue. I plan to put my unit on sale because I do not want to hear more complains from my neighbor. What should I say when I go to the hearing? The letter from HOA sounds like that they want me to remove the hardwood floor or they will do something for me not to sell my unit without resolve this noise problem. I think that the hardwood floor is installed with 1/2 inch cork soundproofing barrier according to HOA regulation, and not the cause of the noise. The cause of noise is that we have 2 kids who make extra noise. My point is that if we move out the unit as selling it, the problem is resolved. As reading this discussion board about noise issue, I found some tips to say in the hearing meeting, such as requesting the complaining neighbor to have documented report from a licensed acoustical engineer about the noise since the level of noise they complain is very subjective and also ask them to put soundproofing on their ceiling. What is your advices? I asked my wife to take the kids to her homeland for next couple month because the complains also bother us a lot.
KevinK7 (Florida)
Posts: 1,343
Posted:
If everything was done per association rules then I don't think you would be asked to remove your floor.

As for your hearing, I like the idea of an acoustic engineer. Sounds like you have gone above and beyond to satisfy your neighbors and that they won't be happy with anything you do. Ask for decibel readouts.
MichelleC7 (California)
Posts: 108
Posted:
Quote:
Posted By KevinK7 on 11/04/2013 9:39 PM
If everything was done per association rules then I don't think you would be asked to remove your floor.

As for your hearing, I like the idea of an acoustic engineer. Sounds like you have gone above and beyond to satisfy your neighbors and that they won't be happy with anything you do. Ask for decibel readouts.

Agree!.
SteveM9 (Massachusetts)
Posts: 3,699
Posted:
After trying to be reasonably quiet, I would simply ignore the complaints. Wouldn't bother me at all.
KevinK7 (Florida)
Posts: 1,343
Posted:
I wouldn't ignore the complaints entirely - if ignored the HOA might be able to pursue fines or legal action. I would go to the hearing, explain everything, and then ask the HOA to ignore the complaints.

I would also get statements from my neighbors and the complainers neighbors, as well as pictures showing all the bending-over-backwards that was done.
JM10 (California)
Posts: 503
Posted:
I think you need to ask the HOA what is reasonable and what is unreasonable noise levels.

You might check with your city and see how they would define nuisance noise levels and ask the HOA to keep their standards in line with that.

Further, you should ask that the complaint be specific. For example, what time and what kind of noise.

For dog barking complaints (which I have more experience with), time, duration and regularity of the barking should be considered. So if the dog barks and the HOA allows dogs, this is not enough. If the dog barks every morning for 5-10 minutes, that could be a problem unless it is in conjunction with another regular action (postal carrier, etc.) Think of it like when someone's car alarm goes off. There's a point where you should shrug if off and a point when it become a nuisance. The same can be said for dogs and children, but both should be given more latitude.

Likewise, as the HOA allows children, noise is to be expected. What is the tolerance level and is it the SAME for all units? That should be the question. That means, your neighbors cannot ask for exceptional measures against you. They can only ask for what is fair and reasonable and complain against noise that is outside of normal expectations.

If the couple is targeting you because you have children, you are considered a protected class by the FHAA. This means that if your children are treated differently or if rules are applied that discriminate against them, the HOA can be taken to court or reported and investigated (discriminatory treatment and disparate impact).

You might look into why the unit you bought was sold as well. You can look at meeting minutes to see if the problem of children and their noise has been a continual topic and you can look to see if your HOA has been taken to court.

My former HOA went to court three times in less than six months and lost all three times. One of those times was to pay for an exorbitant damage to the lawn. We didn't have to pay, but we could show fraud (amount was substantially less than they wished to have us pay) and the whole board had agreed to it (due to drought) including the president.

So you need to know what you are up against (know your enemy) and how they have been perceived by the legal authorities. Patterns are important. We could show a pattern of dishonesty and discrimination in writing. We did move, however, because the directors were fine with climbing up and stealing stuff from our balcony (we had the police retrieve the items).

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