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BadriM (Florida)
Posts: 2
Posted:
Just purchased a condo moved inn July !0/2018 on the first floor and have 5 air condition behind my bedroom window the noise issue is ongoing, I have hard time to sleep, The seller did not mention anything on his disclosure form, I send a complaint to the association about the noise and then I found out complaint litter from the seller that was sent to me by association,so they sold the condo for that reason, It is hard to find out about the noise till you sleep in your bedroom, in my complaint letter to association I recommended to install a quiet france around the air conditioner to eliminate the noise Because it would be too expensive to move them away from the building, they refuse to do so, what is my right for quite pleasure in my house that is been distrip by five air conditioners next to my window and do I have a right to complain against the previous owner to the court ?
BadriM (Florida)
Posts: 2
Posted:
Thank you so much for advice,There is 6 section in my community ,section one had the same problem and they instile quiet fence around there air conditioner, but each section has their own board of director," but how about quite pleasure law" do I have right to be able to live comfortable in my house white out on going noise, ?
DouglasK1 (Florida)
Posts: 2,046
Posted:
Quote:
do I have a right to complain against the previous owner to the court ?

If by "complain", you mean "sue", then yes you certainly could sue, anybody can sue anybody else for just about anything. To see if you have a case worth pursuing against the seller, you should talk to an attorney who can give an opinion and help you with the suit.

Note that to be worth suing, all of these should be true:
1) there is a good likelihood of prevailing, a lawyer can give you guidance there.
2) the seller can be found (hasn't moved far away or disappeared)
3) the seller has assets to pay any judgement (sometimes hard to determine in advance).

I don't want to sound harsh, but hopefully your communication with the association is more readable and has fewer grammar and spelling issues than your post above. If not, find somebody who can proofread and help with your communications. This is especially true if you decide to pursue a small claims court action against seller without using a lawyer.

Escaped former treasurer and director of a self managed association.
KerryL1 (California)
Posts: 14,550
Posted:
I can't say this for sure, Badri, but the quote "Buyer Beware"* might fit your problem. It means that before we buy something we must look at it carefully. In your ace it means walking all around the exterior of your condo to see if there are things that might bother you.

Let's say you looked at it in the evening when it was dark. Then, it's your job to go back during the day and look again. You're responsible for seeing things that could be problems for you that would disturb your peaceful enjoyment of your home. But those already were there when you bought your condo. Again, I'm not sure, but I don't think you can make anyone fix your problem.

If one section has a fence, maybe you can persuade your board to get one for you.

*"Caveat emptor" in Latin. Let's hope that RoyalP. will not be unkind.
RoyalpitA
Posts: 195
Posted:
There may, or may not, be local 'code requirements' governing dB levels for outdoor compressor/heat-pump units.

In 'my' jurisdiction they are 50 dBa @ 1 meter distance.

+ One or more units may be 'howling in pain' because of impending failure and be EXCESSIVELY loud.
That may, or may not, be 'covered' by your CCRs' 'nuisance clause'.

However, you did buy a home where the bedroom is directly above said units.

next time, as Kerry suggested, CAVEAT EMPTOR
MelissaP1 (Alabama)
Posts: 13,836
Posted:
The HOA did NOT sell you the house. So why are they responsible again?

Former HOA President
GeorgeS21 (Florida)
Posts: 3,808
Posted:
Badri,

I believe you should do the following:
- research to see if there are noise limits
- if you find specific noise limits have a professional measure the noise at your house with all the compressor units running
- take your findings to the Board and discuss options to mitigate
- if your complaint falls on deaf ears, discuss it with an HOA attorney

Now, if there are no specific noise limits from either there state of Florida or the county or city, then
- have a professional measure the noise at your house with all the compressor units running (ensure he has actual data)
- seek help from the HOA in finding a quiet fence or additional landscaping
- seek permission from the HOA to build the fence or landscaping yourself
- if your complaint falls on deaf ears, discuss it with an HOA attorney

If you are nice enough and try and work with them it will be better than being angry with the HOA - because they have done nothing to you. The property and the HVAC systems existed prior to your arrival - they are necessary. You did fail to assess the property appropriately.

Do some research on how to buffer from the HVAC units.
GeorgeS21 (Florida)
Posts: 3,808
Posted:
Badri,

Forgot - if English is your second or third language, don't sweat it - find someone to assist you in the development of your letters.

Many of us on this forum only speak one language.

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