Dealing with Loud Music

Started by WalterH4 • 7 replies • 950 views

💬 Join us to post & get advice from 50,000 HOA & Condo leaders.

⚡ Takes 30 seconds

Already a member? Log in

WalterH4 (Indiana)
Posts: 145

Posted:

We have had two recent reports of loud music being played in one neighbor's back yard. It's really not that loud, but if you are quiet, you can hear the bass through the walls.

We're trying to decide how to handle these reports. Our CC&R's read:
"10. NUISANCES: ... No noxious, unlawful or otherwise offensive activity shall be carried out on any Lot, nor shall anything be done thereon which may be or may become a serious annoyance or nuisance to the neighborhood."

Although these 2 neighbors might classify it as "serious annoyance", I'm not sure that most would classify it as such. It's really not that loud.

Who gets to define the term "serious"? The person(s) being offended, or some neutral party?

If we did take action, what type of action should that be?

DeidreB (Virginia)
Posts: 113

Posted:

Hi Walter, in my current and past HOA's we have always advised residents to defer to local noise ordinance for noise complaints. Our county website provides clear guidance on how to file a noise complaint and how the county will enforce it (and they do). Some By Laws and/or Declarations may state that HOA Boards do not have law enforcement or first responder authority or responsibility (or words to that effect.)

GeorgeS21 (Florida)
Posts: 3,808

Posted:

If this is single family houses - not condos - then it needs to be referred by those bothered by the noise - to the police.

SheliaH (Indiana)
Posts: 6,964

Posted:

What George said. If you get complaints from several neighbors about the racket, then I can see the Board sending a letter to the offenders.

"Serious annoyance" can be subjective, so one thing you could use as a guide to determine if you have a serious problem (starting with the number of complaining neighbors) is to check if there's a city or county ordinance mandating "quiet times in the community or at least some examples of when loud is really loud. It may come down to the number of decibels which would have to be measured at the appropriate time.

If it is not right do not do it; if it is not true do not say it. Marcus Aurelius

WalterH4 (Indiana)
Posts: 145

Posted:

Thanks everyone. Yeah, pretty sure if we ran any form of decibels test, it would fail to qualify as loud enough. Those complaining are more sensitive than the average person, I'm guessing.

We'll just suggest that these neighbors call the police for this, as some here are suggesting.

And I am planning to notify the offending neighbor of the complaint too, just so that they are aware. I won't tell them "who" though, as that is not required unless it rose to the level of "dispute", at which point all associated communications are to be made known to the offender, including names/texts/etc.

MelissaP1 (Alabama)
Posts: 13,836

Posted:

Our city does have a decibel rule in place. It's for things like barking dogs etc... So I would defer to the city for enforcement or guidance on decibel levels.

Former HOA President

SteveM9 (Massachusetts)
Posts: 3,699

Posted:

Quote:

if we ran any form of decibels test, it would fail to qualify as loud enough.

Then I suppose its legal. Cant please everyone.

MarshallT (New York)
Posts: 414

Posted:

It could be that the offending neighbor is not aware that the music is bugging others in the community. Sometimes a quick, informal chat can resolve these sorts of issues.

🎯 You've read this entire discussion

Join the conversation with 50,000 HOA & Condo Leaders:

✓ Ask follow-up questions
✓ Share your experience
✓ Get expert advice
✓ Access 350,000 discussions

Create Free Account →

⚡ Takes 30 seconds

Already a member? Log in here