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JeremyH6 (New York)
Posts: 6
Posted:
I own a 1st floor condo. The 2nd floor above the bedroom is very squeaky.

It is so squeaky I have trouble getting to sleep because the people above me move around
at 11pm to midnight. Also when the woman who owns the condo above me has a guy over
he gets up at 5:30am and moves around for 1 hour and then leaves.

She has had different guys over at various times and they all get up very early and make the
floor squeak and wake myself and my wife up. She seems to be in her 20's.

Who is responsible for maintaining a sturdy quiet floor.

thank you.
KerryL1 (California)
Posts: 14,550
Posted:
Welcome to the forum. Your CC&Rs probably have a section that prohibits noise nuisances or nuisance in general. This would usually include floors that need repair or were incorrectly installed.

Find that section, all CC&Rs are different, and follow you HOA's procedures for reporting a violation to the board. Do not say anyhitn bout who lives there or her visitors, that's completely irrelevant. Do record the noise two or three difference times to prove to the property manager, if you have one, or the Board, that they're really unacceptable.
MelissaP1 (Alabama)
Posts: 13,836
Posted:
It is going to be hard to enforce this on another owner. However, if you have a good relationship with them you may be able to help each other out. There is a special screw and applicator that can fix the issue. It is designed to drill through the floor and the top breaks off. Can screw a few in even through carpeting. It will re-attached loose boards or materials causing the issue. Saw on an episode of "This Old House". I would go to their website for "stop squeeking floors video.

There also may be a more serious issue if it is the bathroom floor. That may be a leak or a previous leak. Could have a warped flooring. The above may work. However, I would suggest a more of a look at a leaking toilet seal. Maybe will need a plumber to fix the toilet wax seal.

Former HOA President
JeremyH6 (New York)
Posts: 6
Posted:
thank you Kerry,

What does CC&R stand for.

I received a booklet with fines and fee schedules at the beginning of the booklet,
then it says rules and regulations.

Nowhere is the word repair used.

One section says

No unit owner shall make or permit any disturbing noises on the common property
or do or permit anything to be done therein which will interfere with the rights, comforts, or conveniences
of other unit owners.

No unit owner shall play upon or suffer to be played upon any musical instrument or operate or permit
to be operated dishwashers, washing machines, or dryers in the owners unit between the hours of 10pm
and the following 7am if the same shall disturb or annoy occupants of the building.

Another section talks about disturbance violation. Anytime a government official, police, health department etc is called
because of a resident causing a disturbance, the unit owner will be fined $100.

They never talk about what the HOA is responsible for.
KerryL1 (California)
Posts: 14,550
Posted:
CC&Rs stand for Covenants, Conditions & Restrictions. It's also called the declaration, deed restrictions or covenants. If you have a property manager, ask them for a copy. It's a large document maybe even 50 pages or more depending on how complex your HOA is. It should have been provided to you when you closed on your purchases of your condo.

What you quoted sounds like the Rules & Regulations. It is an important document. The first paragraph related s to the "common property" which is just about everything except units. so it doesn't apply to your situation.

The second one sounds really close to your issue as it's about noises that come form units. While it doesn't specify squeaky floors, it might be your best bet.

What size is your HOA?
JeremyH6 (New York)
Posts: 6
Posted:
thank you,

They gave me something called Offering Plan for Condominium when I bought the unit at closing.
It is 131 pages.
There are 132 units.

JeremyH6 (New York)
Posts: 6
Posted:
Here is an image of the 1st page.

I also emailed the liaison between myself and the Board.

Hi Karen,

Is the 131 page document I received at closing considered your
CC&Rs stand for Covenants, Conditions & Restrictions which also may be called
declaration, deed restrictions or covenants.

Hi Jeremy,

Is it a fairly large bound book?

Thank you,

No, it is 131 separate pages which are all held together by 1 large clip at the top.

Karen said,

CC&R's do stand for Covenants, Conditions & Restrictions

I emailed,

Here is an image of the 1st page.

I am trying to find out about repairing the floor above our bedroom
which is very squeaky.

Here is an example of the squeaky floor we recorded.

no reply from her, then I emailed,

Does Locust Grove Condos have a CC&R.

If yes, could I have a copy.

thank you.

Still have not heard from her yet.

KerryL1 (California)
Posts: 14,550
Posted:
Well, I guess you should keep trying. About what size is your condo project? Does this liaison have an office on your condo property?

Have you looked at the 131 page document to see what it says about noise nuisances? Look at the table of contents or definitions in the front of the document. then tell us what it says.
JeremyH6 (New York)
Posts: 6
Posted:
I will go through it.

My condo is 808 square feet.

The offering plan is from 1982.

Under the date it says, this plan may not be used after July 31st 1983.

That is strange, so what is being used.

Still no answer about the CC&R, they are ignoring me.

==============================================================
I sent this email a few nights ago.

Last night I think I was up all night. My wife and I went to bed at 11pm. Then at 12:30am we heard movement above us and I think the guy got up and left. Then later he comes back. At 2am we hear the same thing then someone going down stairs. I get up to look through the window and it is the woman with the dog going out.

I get up and go try and sleep on the sofa. At 3:15 I hear someone walking around above the living room. Then at 5:30am I hear someone in the living room and then go down the stairs. I didn't get up to check who it was. Later someone came back.

I have been sleeping more nights on the sofa in the living room to avoid who ever it is that gets up and makes the floor squeak and then go down the stairs.

Usually the woman leaves for work at 8:30am, she is still here as I write this at 9am. I guess she is sleeping while I have been up all night. Maybe I slept off and on, I can't tell.

This is ridiculous. If the Board can't help with this and enforce their own rules, I will have to consider legal action against these neighbors. It has been 2 years now. First it was Emily and now these people.

I should be able to have quiet at least from midnight to 6am.
Most people sleep during this time.
I hope you fine these people, they don't seem to care what time they are up at night and moving around.
==============================================================================================

Their reply was very dismissive, saying my complaining is nonsense and it does not violate any rules.

I can't show you because the pdf is too large, it won't allow me to highlight the text and copy it.
I tried taking a picture of it but the file was too large, I tried compressing the image, but it was still
too large.

The person from the board who replied I think knows the previous neighbor I had a problem with.
A lot happened and she moved away. I think may be her father is a board member or someone she knows
is a member, because the person keeps referring to my past complaints as nonsense and is very dismissive.
I spoke to her father to try and smooth things over but he just made excuses for her.

Too much to go into now, I need to fix my furnace this week, a pipe under the concrete slab may be leaking.

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