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MikeJ16 (Florida)
Posts: 5
Posted:
I live in a condo association of 32 units. The front door of 16 units face the front door of opposing 16 units with a car parking lot in the middle. In other words, we are all packed together like sardines in a can. Recently a tenant neighbor has moved in who drives a Nissan 340Z car with the muffler illegally removed and replaced with an illegal resonator that makes the car sound extremely loud anytime he fires up the engine. I say illegal because Florida Statute 316.293 (5) stipulates it is against the law to modify a car muffler. In short, this idiot has a regular habit of firing up his car between the hours of 11PM to 3AM to go out on joy rides that has him returning back home in 30 to 60 minutes. Obviously, this disturbs my sleep and therefore I need advice on finding a resolution to this problem because none of the actions I have listed below have worked:

1. Mailed an anonymous letter to the owner of the property renting to this nuisance tenant. This did not solve the problem.
2. Have met in person with a police officer at the police station and his advice was to just keep calling 911 for data collection purposes. I have been calling 911 for over 5 months now and the police has done nothing about enforcing Florida Statute 316.293 (5).
3. Mailed a letter to the HOA and this too has not solved the problem.

In short, I have run out of ideas and I would appreciate any advice that will help me solve this problem. Ideally, I would like to do something that will force this nuisance tenant to move out of the condo, but since that is a difficult ask to make, the next best thing I can hope for is to make him stop from firing up his car to go out on joy rides when everybody in the neighborhood is asleep. Thank you for your time.
KerryL1 (California)
Posts: 14,550
Posted:
Does your CC&Rs (declaration, covenants) have a nuisance clause in it that says, in a nutshell, no resident can engage in activities that annoy or bother other residents. Or your Rules & Regs?

We do. In addition, we have underground parking for our condo building and so we also have a rule that no vehicle can be noisy enough to set off other vehicles car alarms or create excessive noise when leaving and entering the premises.

So If you don't have any of the above, I don't see how the HOA can do anything about this. If you're ambitious, you can called signatures from other others t saying that they too are gently annoyed. surely you aren't the only one! I'd say if you even get about 10, I'd take the petition to an open board meeting and ask the Board to make a noise nuisance rule with hefty fines if owners don't comply after a first warning.

Btw, I really know little about police reports, but car noise don't seem to be a 911 call. We have local number for illegal but non-emergency reports. Doesn't your area?
MelissaP1 (Alabama)
Posts: 13,836
Posted:
We don't know the time of the issue. Typically in a HOA there is a window of "silence" between the hours of 10 PM and to 7 AM. Give or take an hour. This may extend to your local ordinance as well. No one can do much if the noise is between these times.

It wasn't going to do much to write that letter to them. The HOA should have written it to the owner to advise them of the situation. The owner is responsible for their tenant.

You can try to do a few things. Get a sound machine if it's a nightly annoyance. I have a neighbor whom likes to have that annoying "thump thump" playing in their car that shakes several houses. Can't stand it. Several people posted on our FB page about it. Seemed to made them stop when they realize others were talking about it. It may take more than one to complain to get things done...

Former HOA President
LetA (Nevada)
Posts: 2,679
Posted:
How wide is the exhaust opening? Potato or Pineapple?
MikeJ16 (Florida)
Posts: 5
Posted:
To answer your question it is as big as a pineapple. It makes the car sound like a NASCAR Daytona 500 Stock car.
MikeJ16 (Florida)
Posts: 5
Posted:
MelissaP1, the owner lives three hours away. If he lived nearby I would have knocked on his door a long time ago and complained to him in person about his tenant. It really rubs me the wrong way that this owner is profiting through the suffering his tenant is causing me.
LetA (Nevada)
Posts: 2,679
Posted:
Quote:
Posted By MikeJ16 on 01/29/2024 8:17 PM
To answer your question it is as big as a pineapple. It makes the car sound like a NASCAR Daytona 500 Stock car.

Well, when in Rome.. Hand towels work good too.
MikeJ16 (Florida)
Posts: 5
Posted:
KerryK1, it seems to me the HOA you mention is well managed due to the CC&Rs it enforces. In my case the HOA is terribly managed when it comes to enforcing any nuisance rules.

My focus is now on making the police enforce Florida Statute 316.293 (5) which relates to banning cars modified with loud exhaust resonators. I have gotten the impression they do not want to enforce this law so I am now thinking the best course of action is to contact my local city hall and ask for the head of the board that monitors police conduct. Maybe by complaining to them this can result in making the police enforce Florida Statute 316.293 (5). In short, I think the biggest problem I have is the police has an apprehension to enforcing Florida Statute 316.293 (5) and this is a difficult hurdle to overcome.
LetA (Nevada)
Posts: 2,679
Posted:
Mike it is going to be very hard to get the police to take action on an issue that happens on private property.

Your best chance to remedy this is to have your board call the owner to a hearing and fine them according to what
your governing documents and state law will allow.

The board can take legal action and apply the statutes you mentioned. You can also have your HOA attorney send both
the registered owner a cease and desist letter outlining the Florida statutes, applicable Flordia statutes on nuisances
and the HOA covenants against noise and nuisances.

It's annoying AF and believe me, we all want instant gratification, unfortunately, scofflaws game the system and they don't
care about others.
TimB4 (Tennessee)
Posts: 21,059
Posted:
Mike,

For the police to take action on private property, the Association must enter into an agreement to allow them to enter the property for that purpose (different then responding to emergency calls).

If you know the time that the individual typically goes to work or comes home, you can give that info to the police and, perhaps, they can be in the area at that time to try and witness the issue.
ElleN (Idaho)
Posts: 4,420
Posted:
MikeJ16, are you willing to spend money on an attorney?

The chances that your condo's covenants (a.k.a. CC&Rs) prohibit this are extremely high. Covenants are legally considered contractual terms. Sometimes it takes a court order to enforce the covenants. An attorney would start by writing demand letters to both the owner of the vehicle and the condo association, sending them certified mail, return receipt requested.
SheliaH (Indiana)
Posts: 6,964
Posted:
What ElleN said. Considering everything else the police have to deal with, a noise complaint is often low on the totem pole of problems unless it's accompanied by something else (e.g. several cars gathering to do doughnuts in a parking lot, which was a problem near our community last summer).

CCRs can be enforced by one homeowner against another, so this is an example of something where you (and perhaps your neighbors if they're as annoyed as you are) will need to sue these people for maintaining a nuisance. Gather your evidence and witnesses, start keeping records of all contacts and/or attempts, and if you do sue, be sure to ask that you be reimbursed all attorneys fees and court costs related to the lawsuit. The could add up to several hundred dollars and may give the owner enough motivation to bring his/her tenant to heel or kick him out.

If it is not right do not do it; if it is not true do not say it. Marcus Aurelius
ElleN (Idaho)
Posts: 4,420
Posted:
Quote:
Posted By SheliaH on 01/30/2024 10:03 AM
What ElleN said. Considering everything else the police have to deal with, a noise complaint is often low on the totem pole of problems unless it's accompanied by something else
LetA and TimB4 said this. Though I happen to agree.

I believe the police are overwhelmed these days. Understandably AFAIC, the police know how to put off enforcing the small stuff. The taxpayers' dollars can only cover so much police enforcement.
KerryL1 (California)
Posts: 14,550
Posted:
Can you cite any nuisance clause your might have in your CC&Rs or Rules? I still believe a potion citing your HOA's rules signed by several residents should be presented to an open meeting of the Board. Persuade the neighbors to attend. Social pressure, especially from an HOA your size can encourage a Board to act.

Urging the board to enforce will be a hella lot easier than trying to get the police to respond. And cheaper than getting an attorney, etc.
MelissaP1 (Alabama)
Posts: 13,836
Posted:
The police don't really care how big or small the "job" is to respond. Their job is to make reports. Reports that are used in a court of law if necessary. It is proof of record. These records are used in court to prove charges or civil case. They are presented in "Discovery" to show a history of the situation or escalation. Without a report by the police it just sounds like "Yada Yada Yada". It's like your just now telling everyone here there is a problem?

Your reasons for NOT calling the police are your own issues. The rest of us who need take action against something that is offensive, criminal, or civil will call to make a report. It doesn't have to be called into 911. They have non-emergency numbers.

No proof or record of the incident or incidents doesn't do well for your case be it criminal or civil.

Former HOA President
DeanJ
Posts: 1,786
Posted:
Quote:
Posted By MikeJ16 on 01/29/2024 8:45 PM
KerryK1, it seems to me the HOA you mention is well managed due to the CC&Rs it enforces. In my case the HOA is terribly managed when it comes to enforcing any nuisance rules.

My focus is now on making the police enforce Florida Statute 316.293 (5) which relates to banning cars modified with loud exhaust resonators. I have gotten the impression they do not want to enforce this law so I am now thinking the best course of action is to contact my local city hall and ask for the head of the board that monitors police conduct. Maybe by complaining to them this can result in making the police enforce Florida Statute 316.293 (5). In short, I think the biggest problem I have is the police has an apprehension to enforcing Florida Statute 316.293 (5) and this is a difficult hurdle to overcome.

Instead of speaking to a road officer, ask to speak to a supervisor.
JamesV3 (New Hampshire)
Posts: 50
Posted:
Depending on the state if they have Vehicle inspections you could report them to DMV.

In My state (NH) I am a licensed Vehicle inspector and this would be a MV Violation.
Could result in a enforcement officer paying the owner a visit and possibly removal of plates and getting vehicle towed to a shop to be fixed.
And Not getting plates returned until that officer rechecks that vehicle.
JohnC46 (South Carolina)
Posts: 14,265
Posted:
Quote:
Posted By JamesV3 on 02/03/2024 9:49 AM
Depending on the state if they have Vehicle inspections you could report them to DMV.

In My state (NH) I am a licensed Vehicle inspector and this would be a MV Violation.
Could result in a enforcement officer paying the owner a visit and possibly removal of plates and getting vehicle towed to a shop to be fixed.
And Not getting plates returned until that officer rechecks that vehicle.

Do not move to SC as we do not have vehicle inspections here. You could be stopped and ticketed for various vehicle things like to loud, non-working lights, etc. but rarely do police do such. We have some real pieces of crap vehicles on our roads.
RogerJ1 (Texas)
Posts: 550
Posted:
Did you report this, " 11PM to 3AM to go out on joy rides that has him returning back home in 30 to 60 minutes" to law enforcement? If not, report that without your assumption of "joy ride" instead say suspiciously leaving at early morning hours and returning quickly. "Suspicious" because of the short nature and time of day. That should be enough probable cause to search the vehicle for contraband, especially if police are already watching him.
KerryL1 (California)
Posts: 14,550
Posted:
Like your thinking, Roger.

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