Inconsiderate Neighbors

Started by JoS • 8 replies • 1772 views

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JoS (California)
Posts: 1

Posted:

We have a neighbor who is a renter--to summarize, they have been inconsiderate when it comes to noise. If it's not their dog, it's slamming doors, if not the door then it's them, coming home at 1, 2 am talking very loudly and unfortunately all echos not only in our small common area with 7 units but our unit as well which unfortunately shares a wall with this obnoxoius unit. I've made several attempts to be as nice as I can be for someone being startled out of their bed in the a.m. on many occasions, but they have become hostile, so talking to them to their faces serves no purpose. I've complained to the owner several times, the HOA has sent out one warning but they say I have to call the police when there is noise. I could have done this last night but what purpose or what would I have accomplished-- if by the time the police showed up-- all was quiet?
My problem with the HOA, because we are so small, is that no one wants to get involved even when they too are effected, so because I am so verbal in my complaints, I'm being made out to be the bad person here when I'm having to endure loss of quiet enjoyment--it's so unfair!
Suggestions please, esp. what else the HOA can do to inform these renters/owners that this is not acceptable.

HaroldS1 (Arizona)
Posts: 314

Posted:

Your HOA has no power to go after the renters - they must go thru the owner. It is the owner who agreed to the deed restrictions, and his duty to make sure the tenants obey them too. Your CC&Rs must surely have a section in there about disturbing the peace. This needs to be documented and reported to the owner with warnings that unless it stops fines will be issued. There should be a provision for a hearing tho before any fines are issued.
Why not call the police? It won't be a priority call for them but there will be a report. Sometimes a visit from the police is all that's needed. Harold

NancyD1 (Florida)
Posts: 447

Posted:

We have a similar problem with a homeowner, but she has a home. She disturbs the neighbors (across the strret, and on both sides) with loud music and obnoxious behavior (nudism), this is a daily event. There is a noise restriction and she has been fined many times for it. She will not pay the fines. The neighbors have called the police over 20 times, in a 3 month period. A few of the BOD members have tried to talk with her, we have spoken to her attorney's, to no avail. The Chief of Police said to keep a detailed record of everything that happens. When the homeowners around her feel it is time (a few months) they can file a civil action for disturbing the quiet enjoyment of their environment.

AnnaD2 (Florida)
Posts: 960

Posted:

We recently went through this at our condo association, too. It was loud and disturbing noise, from ONE unit, bothering the others around. The owner was sent "polite reminder" letters, compliance letters, rule enforcement letters, etc. The noise continued and the occupants even claimed "harrassment". It was taken to our association attorney. We were told that it is a "civil" matter. But he also advised us that the owners (who are being disturbed) can file a complaint with the State of Florida; claiming that the Board be made to enforce our "peaceful enjoyment" rule. Some owners decided to take matters into their own hands. They made note as to what time the offenders got home. (3,4 or 5:00 a.m.) They figured that the offenders must have gone to bed after they got home. So they waited until our 8:00 a.m. "noise-O.K." time and gave it all they had. They ran power tools, gas leaf-blowers, lawn mowers---anything that made noise while they figured the others were asleep. The original noise-makers didn't have a leg to stand on with complaining. They did this every single time anyone was awakened during the night. Is it ethical? Probably not. Is it legal? Yes. Did it work? YOU BET! Sometimes you have to fight fire with fire.

KevinK1 (< Not Specified >)
Posts: 34

Posted:

Can you have an under-age boy in the neighborhood photograph the woman in the nude and have him turn the photo over to the police?

AllenP1 (Oregon)
Posts: 10

Posted:

Quote:

Posted By AnnaD2 on 09/15/2007 2:58 PM
They ran power tools, gas leaf-blowers, lawn mowers---anything that made noise while they figured the others were asleep. The original noise-makers didn't have a leg to stand on with complaining. They did this every single time anyone was awakened during the night. Is it ethical? Probably not. Is it legal? Yes. Did it work? YOU BET! Sometimes you have to fight fire with fire.

Perfect! Though I have a rental in an HOA place, I do have a home in a non-HOA place. The neighbor by my residence decided to get an attitude one summer and create nothing less of hell on earth; parties every night. Well, I did the same thing as you. Once she went to bed, I created so much noise it about shook her out of the house. After about two weeks she got the point. Never let a neighbor push you around.

AnthonyP (Tennessee)
Posts: 2

Posted:

Renters tend to be a problem in my neighborhood. I think homeowners should screen their renters.

The management company that manages our property really could care less.

The other solution is to complain alot.

Anthony Palevo

NancyD1 (Florida)
Posts: 447

Posted:

Similar circumstances, not renters

http://www.sun-sentinel.com/news/local/palmbeach/sfl-flptvsuit0922pssep22,0,6156143.story

MikeS1
Posts: 668

Posted:

Jo, We fought this problem for years and finally our attorney drafted a simple lease addendum that the investors must use. It addresses noise as well as other issues, but it requires the owner/investor to make the docs available to the tenants. Our docs have additional, stricter rules on Noise as compared to the County noise ordinance. How do the renters really know what the rule are, if they never see the HOA docs or any other documentation that tells them about the basic rules in within the community? The lease addendum will improve communication channels between the Board, the PM, the owner invester, and the tenants. I see know that many other communities are using similar addendums in order to get compliance. These are not our addendums, but look at all the other addendums that are out there. Draft a lease addendum resolution with your attorney, have the Board vote on it the resolution, and bring all this silliness to a close.
http://www.playmor.org/forms/lease_addendum.pdf
http://www.chathamsquare.net/Lease_Addendum/Lease_Addendum.doc
http://www.vahoalaw.com/cat-latest-newspaper-column-by-mike-inman.html

Good Luck.

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