Unresponsive HOA manager

What recourse does a homeowner have if continual inquiry into a maintenance request goes ignored? We notified our HOA manager approximately 9 months ago about a noise problem in a mechanical room that has adversely effected our ability to sleep. Two units are affected by this problem.

The request was made in February and there was no response for almost 2 months. After we filed a report with BBB, they finally responded. Since than, most responses have been "We're looking into it". In short, it's been almost 9 months and there has been no progress. There have been 3 contractors that came in and made a diagnosis and a suggestion. However, those suggestions are being ignored. Also, my request to talk to the Manager directly has been denied with the reason that a face to face meeting can only happen at the board meeting. And the board meetings are pretty much useless as they continually assure us that there will be progress before the next board meeting. And of course, there is never a progress. They promise to make an appointment with another contractor but it took them 2 months to make a 30 minute appointment with the last contractor.

They continue to claim that they have been responsive since they respond to our e-mails. But the e-mails always say the same thing. Essentially, "we're looking into it". Now they have cut off all communication with us with a reason that we're being "unreasonable". In the meantime, we still can't sleep at night because of the noise. Any suggestion would be deeply appreciated.

I have e-mail correspondence to prove everything I've written above. Should I take this to a lawyer? Is there another place where I can file a complaint just to scare them into at least talking to us again without getting them in trouble? That would be ideal as I don't want to get anybody in trouble - I just want my problem fixed.

Thank you.

Hi Harvey,

Do you have any idea what the problem is that's causing all the noise? I'm wondering if perhaps it's a very expensive problem to fix and the HOA doesn't have the money, so they keep bringing in more contractors to try to come up with a "band aid" solution that they can afford.

I'd keep writing a letter to the Board of Directors in care of the property manager every month and showing up at every Board meeting until something gets done about it. It's the Board of Directors who has to make the decision to hire the contractor and pay for the repair, so keep the pressure on them until the work gets done.

Good luck.

Thank you Jane,

I will write them a formal letter once I'm able to obtain their contact info. As I just responded to Patrick, the HOA manager is refusing to divulge their contact info to me stating that she is not allow to release their person info to public. So I have to depend on the HOA manager relaying all my e-mails to them. I'm not 100% convinced that they are getting all the information.

I certainly hope that this doesn't require a lawyer. Thanks for the hint on the free lawyer program. I looked it up and there happens to be one this Saturday in downtown San Jose'. It's not "lawyers in the library" program but it'll do.

thanks again and if you have any other suggestions, please post a reply.

Harvey......My husband is a plumber and from northern states that deal with boilers..He wants to know if the noise is a hammering sound when pump is running ?? Lindac3

You definitely need a lawyer. You have been more patient than I would have been. You have the right to enjoy your property. Even granting this so-called expert's two month foot dragging appointment, (gave them two months off the hook didn't it?), your management company is not doing everything necessary to fix the problem. And it is their problem. They have ignored the suggestions from three other contractors. An attorney need to ask them Why? I would say they are not acting in good faith to fix the problem, despite their "looking into it." Good luck. Harold

I sent them letters and even knocked on the Board president's door but they're telling me that they cannot discuss the issue until all board members are present. Meaning, we can only discuss the matter at the monthly board meeting.

We got the report from the Sound engineer and based on his report, the board decided to "close" this case as "inconclusive". And they didn't even have the common decency to tell me directly. I heard this through the grapevine.

I like to post an excerpt of the report and get your input. They're saying that the dwelling "complies" with the industry standard and there is nothing they can do about it. Here is the excerpt from the report:
----------------------------------------------------------------------------------
Tonal noise can cause annoyance even when overall noise levels are low. In fact, tones stand out and may be more noticeable when broad band background noise levels are low. Design goals for tonal noise are not well established.

In unit XXX, a significant tone appeared at a frequency of 32.5 Hz when Boiler 3's pump was switched off, and Boiler 4's pump was left running. The tone disappeared when Boiler 4's pump was switched off. The Change was clearly audible.

Conclusion

Broad band noise levels in both dwelling units are low and comply with industry standards for background noise in dwelling units. Tones are present, but their relationship to the state of the pumps is not direct. Consider the following options:

1. Raise the broad band background noise level to help mask the tones. This may be accomplished by means of electronic sound masking devices.

2. Conduct further measurements and analysis to identify how tones are being transmitted into the dwelling units, so that effective noise reduction measures can be implemented. Investigtion and analysis may not include further interviewing residents to better characterize the sources of their complaints. It is possible that they are hearing two separte things. Replacing pumps, installing vibration isolators, and isolating pipes may be effective. However, without further analysis we cannot estimate how much these measures would reduce noise.
----------------------------------------------------------------------------------

Do I have a case if I take them to court? If so, can anybody recommend a good lawyer in San Jose area? Or anywhere in the bay area? They want to close this case and have me live with this noise for the rest of my life!

I appreciate it. I think these people are taking advantage of me because I have been patient and have been trying to work with them for the past 10 months. Based on what I have heard from my friends, they essentially calling me a "pushover" for enduring this for 10 months.