Noise issues with two units..

We currently have two units that just don't seem to get along. One is below the other and the bottom one has consistently complained about noise from the neighbors above. To the point that the HOA has taken the time to investigate and nothing has been found.

While we do understand there is some noise that you will hear espcially being on the ground floor, the entire board almost doesn't take this complaint seriously as there has been other legal problems between the units, police called, etc etc.

The noise issue only seems to be the ground floor complaining. No noise has been witnessed by 3trd party. The owner recently decided to rent out the unit now her tenants are complaining. It appears to be unfounded and we have yet to have anyone else complain about this "noise". The owner has asked for noise testing.. which the HOA has denied, but offered if such is desired that the owner can pay for it independently.

Our HOA has had multiple contacts with the owner of the noise unit. We have yet to validate he reported noise and no other neighbor has said they experience such loud noises and disturbances etc etc. We have done our due deligence and have spoken too, met with and even had medation on these complaints, but the noise issues seems unfounded. We can't seem to catch anything and there is no real evidence of noise. The noise unit have all but said they are being harassed and legal measures are being sought. This sounds like a NON HOA issue and neighbor to neighbor. is it or is it not??

Nicole,

It would be a non-hoa issue for us.

In fact, our documents specify that the HOA will not become involved in what may appear to be neighbor vs neighbor complaints unless it receives complaints from two or more lots/units.

Davis-Stiling.com has a whole page on noise and other nuisance issues. Since your in CA, you should check there. They also discuss ways to help abate the noise which you may be able to pass on to the both members.

This site has discussed noise issues in the past. You may want to use the forum's search function using the word "noise" to see what has been posted in the past (I came up with 312 results). I suspect it will be very similar to what might be posted today.

Nicole,

I would not dismiss this as a neighbor-versus-neighbor issue without some investigation.

From what I have seen on this forum in the past, most upstairs condo units have restrictions in their declarations regarding flooring. The fact two different occupants of the lower unit have complained about the noise and the upper unit denies doing anything to cause it would lead me to question whether the upper unit replaced its flooring with something that transmits sound. If the flooring has been replaced then it may be an association problem.

Without a proper flooring material and/or installation, normal activities such as walking from one room to another may create excessive noises downstairs. Your declaration may specify specific products or a particular ASTM standard for noise transmission. Even if the upper unit used a product that meets the standards (if any) set out in your declaration, the results will be effected by the quality of the installation.

Read through your declaration to see if flooring in upper units is addressed and find out if the upper unit has made any changes in its flooring.