Screaming sex

One of the owners in our building is complaining about frequent very loud sex, in including loud voices and bed moving, coming from above in the middle of the night. This is waking up the whole household below, and the noisy bedroom is directly over the bedroom of two young children. So these little children wake up at 2:00 am to people screaming and moaning above them, plus furniture hitting the wall. Scary for them. Other residents in the building are also bothered by these late night noises. The owner below has politely (she says) told the upstairs tenant (she's a renter) about how disruptive this is, but the tenant above basically responds, "Too Bad". We have directed the owner below to deal directly with the owner of the offending tenant above. That owner has had several discussions, some in writing, with her tenant, without success. Since she hasn't been able to solve this problem, should the HOA fine the owner above for her tenant's violations of the noise and quiet time regulations? She would then be able to bill the tenant for this - maybe an incentive for tenant to tone it down? How do we reply to the owner who keeps complaining to the HOA?

I'm asking your opinion as I am a Board mention, and I'm not sure if this particular kind of noise is something that we can regulate. Is there really anything that the owner or the HOA could do about this?

please post a link to the audio in question so we can better advise

? how would one know w/o a basis of comparison ?

This is actually the best advice. However, I would notify the loud sexers that they are being heard by children. That seems to help sometimes. Other than that, steer clear.

Our condo building, too, has noise nuisance prohibitions at all times and especially after 10pm. Doesn't matter WHAT the source of the noise. Here it's usually loud partiers or barking dogs. So, Im firmly with Augie on this.

And, because there are others who complain, it's not a simple neighbor-neighbor issue. Judy wrote: "Other residents in the building are also bothered by these late night noises. "

So, Judy and especially since the bothered person has tired to handle this disturbance, do your warning letter, citing the passages in your CC&Rs or Rules & Regs and then call to hearing to the Owner, or whatever your docs permit so that the complainers can once again enjoy peaceful use of the premises.

I concur with KerryL1 and SamE1 that this is a covenants issue. The Board and HOA should follow the HOA's governing documents. As long as the covenants prohibit either a certain amount of noise or nuisances, then the Board should investigate; issue a notice of violation; have a hearing as requested; and so on.

You don't sue a board, you sue the entire HOA. Which is you and your neighbors. Board members have insurance to protect them from such lawsuits.

This is a neighbor thing. Noise violations still should be reported to the police by the HOA. Otherwise the HOA can only punish the only way it has to do so.

Melissa I wish you would have schooled some of our unit owners. I along with all the other Board members and the Association was sued by a few unhappy owners. Maybe they did it wrong but we were all named in the lawsuit. I agree it should be reported to police but think the HOA has to follow their documents and work to resolve the issue.

A HOA board should always be covered by insurance. It protects you as an individual for decisions made as a board. That is one of the main purposes of the insurance the HOA carries. One may name the board members in a lawsuit. However, once that goes to court the judge will toss it out. Suing your HOA is suing yourself and your neighbors. Want to sue then go for it. Just realize that is always the consequence whether right or wrong.

As for the loud noise, your HOA should have a fining schedule set up for such things. Otherwise, the HOA just calls the law to sort things out.

To try to stay with Judy's OP: IF her HOA's documents have noise nuisance prohibitions, and all condo buildings I know about in my 'hood, do, then the board must enforce. Yes, Judy's HOA must follow due process in CA re: all Common Interest Developments.

The letter would be like all other after hours noise nuisance letters--generally parties on balconies in my HOA. There is no need to describe the details of the type of noise: "Loud voices and furniture noises, often at xxAm, as corroborated by our Association's staff need to stop per our CC&R xxx, which states: "..." If your tenant refuses to cure this violation, XXX HOA will invite you to a hearing where, per our fine schedule, you may be assessed a fine of $100 for the first violation."

I am often surprised that some experienced posters here agree governing documents should be enforced, but constantly draw some sort of line at corroborated noise nuisances. Surely the differences between multistory, attached living and that which features large expanses between detached homes is obvious.

I agree, Kerrys wording is good.

To Dave's point: if there are loud parroters on a balcony here, neighbors complain, the security officer contacts the violators to quiet down, go inside and close the door, and the violators refuse, these who complain are advised to contact the police. This does happen although rarely. The staff do not call the police.

They will, however, write a report and the unit owner will receive a "courtesy" letter saying that further violations of this type will result in an immediate call to hearing for the Owner.

Judy, the original poster, has left the building

After the multiple complaints, anonymity is impossible

OKAY I know it is a old Post but who can resist. This is like Click Bait.

For me it is not about Sex it is about noise. What of they were arguing instead of having fun. If it gets too loud call the Police and get them to break it up.

I do think noise complaints in a Condo HOA is the boards problem if they continue.

If you follow CathyA3's advice, you might find yourself in very serious legal hot water. In some states it's against the law to record someone without their permission; in pretty much all states it's against the law to record people having sex and then distribute that to the world on YouTube.

While this incident was surely resolved long ago (possibly because the exuberant renters got tired of each other after a few nights/weeks), it does highlight the importance of owners including wording in the lease that the lessors agree to adhere to the HOA rules, and that the lessors are responsible for any fines that may arise out of their failure to adhere to such rules.

(This is an excellent click-bait topic, btw.)

i prefer load moaning