Can the HOA really do much with noisy neighbors in a condo complex?

You're an owner, so you have access to your HOA's documents. Most CC&Rs (AKA: declaration; covenants, deed restrictions) have nuisance clause. It might include noise, noxious odors or anything that interferences with your peaceful enjoyment of your home.

Then, HOAs also have rules. In condos, like yours & mine, ours say there never may be loud boisterous nonie on balconies, in the pool area, etc. nd there definitely may not be after 10PM. Do you have anything like that in your HOA? if you have some of these wrteenin your documents, there then usually is a penalty for owners who don't obey those covenants or rules. If Owners tenants don't obey, it's still the owners' problem.

If you have rules with penalties, the enalites need to be listed. Often called a fine schedule. In addition, the owner should be called to a hearing to give their see of the story.

In our HOA, our main discipline issue is parties on balconies that bother neighbors. They call our security personnel who tell the offenders to go inside & quiet down. If the violators don't sort the noise, the unit owner gets a letter c and called to a hearing where a fine is peotneailly charged. The owner is warned that each infraction for the fine can double.

So, yes, but it all depends on what your documents say.

If you don't have security personnel, you need to audio record the noise or get a property manager or board member as a witness. Most board wont' called alleged violators to hearing without confirmation by a 3rd party of the violator.

fines work!

The bottom line with condo restrictions is that the board can't prevent these things from happening, they can only penalize the offender after the fact (eg. with fines) and with luck discourage future bad behavior.

But even if they fine the neighbors into next Sunday, that won't give you back lost hours of sleep. And in my experience, really determined bad actors view fines as the cost of doing business and will do whatever they want regardless. It's worse if they're tenants, since typically it's the owner of the unit who is being fined, and the owners' dealings with their tenants are limited by local landlord-tenant laws. If the tenant's lease agreement doesn't allow the landlord to evict after a certain number of violations, you're probably stuck with that person at least until the end of the lease period.

So realistically... noise-canceling headphones, call the police, move.

That’s what I was told would be a possibility, either the owner can evict the neighbor or break her lease earlier. Wishful thinking?

It's going to depend on what the lease says and what your state's landlord-tenant laws allow (short version: tenants have a lot of rights).

Smart landlords do background checks, and they put clauses in the lease requiring the tenant to abide by the community's governing documents and giving the landlord the ability to evict based on certain criteria (such as three violations of the community rules and you're gone). Other landlords... don't.

Breaking a lease early is almost certainly asking for legal trouble, in addition to the fact that the unit will sit empty and the landlord has to go through the additional expense of finding a new tenant. The landlord has significant incentives to not do that.

In short, you probably should not rely on help from the unit owner - his main interest is earning money.

Possible, What does your fee and fining schedule say about fines and reoccurrence? Some are just a $100.00 a pop, some fines escalate for each reoccurrence. Like Cathy said about investment owners, a fine is a mere pittance to them, it is the cost of doing business. However, if it gets to the point where someone threatens legal action against them. that usually will get their attention.

Yeah I wouldn’t be surprised if it was intentional. I spoke to a few attorneys and none of them specialize in this, someone said I could write a letter to the tenant but that’s useless

No, you won't be summoned to the hearing only the unit owner will. Likely they will not attend and will ignore the notice. The board will in turn assess a fine to the owner.

Why wouldn’t they show up? The fee isn’t much?

Maybe not as the owner won’t want her there? Or maybe not as she’ll probably still be allowed to live there?

Fees as in the HOA actually deciding to charge the owner for their tenant violating the rules, I meant fine.. Someone said in a previous comment that the owner may skip the hearing, is it because the fine is low? I can’t call security in my community as a witness, there isn’t a direct line for them only police. I do record and don’t feel comfortable approaching her neighbors. If this is the case then why are other commenters so negative about this working out? Quite frankly I am too

Mostly when it comes to investors, they just don't give a rats patoot. They just pay the fine. Owners only pay attention when when an HOA serves them greetings wrapped in pretty blue paper.

So because they don’t give a shit, they’ll likely have the tenant continue to live there?

That may be state- or CC&R-dependent. We can only fine owners, not tenants.

I am not sure if they mention withholding amenities. I’m guessing the fines vary per association, what’s generally the starting one for noise violation?

I agree it is typical. In CA you can fine the tenant if you have a lease addendum, at least that is what Adams-Stirling recommends. My point is, an association does not automatically need to deal with the owner. There are often ways to deal directly with the tenant. In Florida the law says a condo association can directly fine the tenant.

For reference, here is florida condo law:

718.303 Obligations of owners and occupants; remedies.—

(1) Each unit owner, each tenant and other invitee, and each association is governed by, and must comply with the provisions of, this chapter, the declaration, the documents creating the association, and the association bylaws which shall be deemed expressly incorporated into any lease of a unit. Actions for damages or for injunctive relief, or both, for failure to comply with these provisions may be brought by the association or by a unit owner against:
(a) The association.
(b) A unit owner.
(c) Directors designated by the developer, for actions taken by them before control of the association is assumed by unit owners other than the developer.
(d) Any director who willfully and knowingly fails to comply with these provisions.
(e) Any tenant leasing a unit, and any other invitee occupying a unit.
The prevailing party in any such action or in any action in which the purchaser claims a right of voidability based upon contractual provisions as required in s. 718.503(1)(a) is entitled to recover reasonable attorney’s fees. A unit owner prevailing in an action between the association and the unit owner under this section, in addition to recovering his or her reasonable attorney’s fees, may recover additional amounts as determined by the court to be necessary to reimburse the unit owner for his or her share of assessments levied by the association to fund its expenses of the litigation. This relief does not exclude other remedies provided by law. Actions arising under this subsection may not be deemed to be actions for specific performance.

(2) A provision of this chapter may not be waived if the waiver would adversely affect the rights of a unit owner or the purpose of the provision, except that unit owners or members of a board of administration may waive notice of specific meetings in writing if provided by the bylaws. Any instruction given in writing by a unit owner or purchaser to an escrow agent may be relied upon by an escrow agent, whether or not such instruction and the payment of funds thereunder might constitute a waiver of any provision of this chapter.

(3) The association may levy reasonable fines for the failure of the owner of the unit or its occupant, licensee, or invitee to comply with any provision of the declaration, the association bylaws, or reasonable rules of the association. A fine may not become a lien against a unit. A fine may be levied by the board on the basis of each day of a continuing violation, with a single notice and opportunity for hearing before a committee as provided in paragraph (b). However, the fine may not exceed $100 per violation, or $1,000 in the aggregate.
(a) An association may suspend, for a reasonable period of time, the right of a unit owner, or a unit owner’s tenant, guest, or invitee, to use the common elements, common facilities, or any other association property for failure to comply with any provision of the declaration, the association bylaws, or reasonable rules of the association. This paragraph does not apply to limited common elements intended to be used only by that unit, common elements needed to access the unit, utility services provided to the unit, parking spaces, or elevators.
(b) A fine or suspension levied by the board of administration may not be imposed unless the board first provides at least 14 days’ written notice to the unit owner and, if applicable, any occupant, licensee, or invitee of the unit owner sought to be fined or suspended, and an opportunity for a hearing before a committee of at least three members appointed by the board who are not officers, directors, or employees of the association, or the spouse, parent, child, brother, or sister of an officer, director, or employee. The role of the committee is limited to determining whether to confirm or reject the fine or suspension levied by the board. If the committee does not approve the proposed fine or suspension by majority vote, the fine or suspension may not be imposed. If the proposed fine or suspension is approved by the committee, the fine payment is due 5 days after the date of the committee meeting at which the fine is approved. The association must provide written notice of such fine or suspension by mail or hand delivery to the unit owner and, if applicable, to any tenant, licensee, or invitee of the unit owner.

(4) If a unit owner is more than 90 days delinquent in paying a fee, fine, or other monetary obligation due to the association, the association may suspend the right of the unit owner or the unit’s occupant, licensee, or invitee to use common elements, common facilities, or any other association property until the fee, fine, or other monetary obligation is paid in full. This subsection does not apply to limited common elements intended to be used only by that unit, common elements needed to access the unit, utility services provided to the unit, parking spaces, or elevators. The notice and hearing requirements under subsection (3) do not apply to suspensions imposed under this subsection.

(5) An association may suspend the voting rights of a unit owner or member due to nonpayment of any fee, fine, or other monetary obligation due to the association which is more than $1,000 and more than 90 days delinquent. Proof of such obligation must be provided to the unit owner or member 30 days before such suspension takes effect. A voting interest or consent right allocated to a unit owner or member which has been suspended by the association shall be subtracted from the total number of voting interests in the association, which shall be reduced by the number of suspended voting interests when calculating the total percentage or number of all voting interests available to take or approve any action, and the suspended voting interests shall not be considered for any purpose, including, but not limited to, the percentage or number of voting interests necessary to constitute a quorum, the percentage or number of voting interests required to conduct an election, or the percentage or number of voting interests required to approve an action under this chapter or pursuant to the declaration, articles of incorporation, or bylaws. The suspension ends upon full payment of all obligations currently due or overdue the association. The notice and hearing requirements under subsection (3) do not apply to a suspension imposed under this subsection.

(6) All suspensions imposed pursuant to subsection (4) or subsection (5) must be approved at a properly noticed board meeting. Upon approval, the association must notify the unit owner and, if applicable, the unit’s occupant, licensee, or invitee by mail or hand delivery.
(7) The suspensions permitted by paragraph (3)(a) and subsections (4) and (5) apply to a member and, when appropriate, the member’s tenants, guests, or invitees, even if the delinquency or failure that resulted in the suspension arose from less than all of the multiple units owned by a member.

I wish the declaration broke it down to this degree, it’s confirmed what you shared is applicable across FL?