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AndreaW (North Carolina)
Posts: 57
Posted:
We have a beautiful clubhouse and pool facility here in our community in NC. Unfortunately we have a homeowner who purchased a house on a lot that backs the common area of the clubhouse/pool. This same owner camped out at the sales office waiting for this lot. However, every time there is a party going on whether a private party or somehting open to the neighborhood as a whole, this owner repeatedly calls the police if there is noise of any level just past 10pm. This had made renting of the clubhouse for parties, somewhat undesireable, especially if you know the police will show up every time. This has been an ongoing problem for the last 2 years. The Board says we really cannot do anything about it, but the homeowners feel that we should be allowed to have music in the clubhouse till midnight (as our Clubhouse rules indicate) as well as entertainment out by the pool till 10 pm. without having the parties crashed by the police. Has anyone ever encountered this problem? At our HOA meeting one of the residents who has the police show up at her indoor party at the clubhouse at 10:15 pm told this other owner he should move, to which many homeowners agreed. Does anyone have any advice?
RogerB (Colorado)
Posts: 5,067
Posted:
Andrea, have you asked yourself why the police have continued to answer this complaint for 2 years? Is it because your HOA is violating a city ordinance? Have respect for this neighbor. Change your Clubhouse rules to terminate all noise by 10:00 PM.
GeraldT1 (<Not Specified>)
Posts: 519
Posted:
AndreaW,

At the open HOA meeting when one of the residents told the other owner he should move, and homeowner's agreed, what did the HOA board say at that exact moment in time? If the HOA board said nothing, there silence contributed to a hostile atmosphere.

If the Board said nothing, they lost their golden opportunity to attempt a resolution in an open meeting with most if not all parties present. That would be a shame if the board members said nothing to mediate matters.

The HOA board has the responsibility to mediate the situation and develop a compromise. I would recommend having all outdoor activities end by 10:00pm. But no noise from indoor activities past 10:00pm, to me, is not realistic. Are the walls really that paper thin? This is where the (police calling) homeowner needs to cut the crap, stop being hypersensitive, and realize that levels of noise are part of living. Owners are most likely having fun, not trying to anger the owner.

Did anyone think of extending an invite to the owner? Being invited to, and joining the party may heal some wounds.

Best of luck!!
GeraldT1
NNJ
AndreaW (North Carolina)
Posts: 57
Posted:
When the issue was brought up at the HOA meeting last year, the Board did very little/almost nothing to diffuse the situation, certainly they did not seize the moment. This could be because we are still under the control of the Builder, who by the way was the Board until the election of 2 residents at that meeting took place.
The police will no longer respond to his calls because every time they have this year, there has been nothing that warranted their being called in the first place. This particular owner calls the police even on his immediate neighbors, if they are out in their own yards and having nothing more than a quiet conversation. This homeownwe has been invited, as has the whole neighborhood, to all Social Committee events and still feels the need to complain. We are all very mindful of the outdoor noise by 10pm and do respect the ordinances, however if the clock strikes 10:01 and there is a drop of noise coming from the area he calls. So what more can we do. At this point since he has made such a big deal, and calling the police even when there were neighborhood and private parties, no one is very welcoming of this person. Yet what recourse do we have. He chose this lot knowing full well he was backing up to a major common area that all residents would likely be enjoying. Is there anything we can tell him to get him to stop. The police won't even come anymore unless they get any other calls about the noise, which is usually not the case. Mind you there are several other houses that back to this area and no one else complains. There are families with babies and small children and no one complains except for him.
BradP (Kansas)
Posts: 2,640
Posted:
Andrea:

Everyone is different and has different expectations for peace and privacy. I doubt very highly when this person bought the lot he knew parties would go on after 10:00 pm. My suggestion would be to find the city code in relation to noise and follow it. If it says no noise after 10:00 pm then I would set 10:00 pm as the drop dead time the clubhouse can be open. I am sure at this point this neighbor has become hypersensitive, and at the same time the board doesn't seem to be doing anything to mediate the situation.

I know you have tried to get with him, but I would suggest trying again and propose a compromise with him. Shut the clubhouse down entirely by 10:00 pm. To me it is unforunate that people have asked him to move, granted he might tend to be annoying, but I would much rather have him as a neighbor than the guy who harasses and badgers me or doesn't mow his lawn or habitually break covenants. The board needs to step up and solve this.
GeraldT1 (<Not Specified>)
Posts: 519
Posted:
Hi AndreaW,

This detail tells me two things: 1) the board didn't seize the moment, 2) the owner is irrational.

Both are unfortunate. Is there a town ordinance regarding noise? If so the community must comply.

I would send a letter to the owner siting the ordinance, state that his complaints are the only ones the HOA has received however in order to accomodate the owner, a rule has been developed so that all outdoor activities at the clubhouse are not to occur past 10:00pm., then specify the time limit on indoor activities. Remind the owner that the renting of the clubhouse is a benefit for the community because the revenue generated goes to fund other association related activities, and that it is unreasonable for unit owners in close proximity to the clubhouse to have a zero tolerance policy for noise, thank you for your cooperation.

Best of luck!!
GeraldT1
NNJ
PaulineB (North Carolina)
Posts: 3
Posted:
I am brand new to this site, actually looking for management company info, but I cannot resist posting to this subject. Why should the good of the many be squased for the good of one? If the individual has a problem with the noise it is his problem. If the CC&R's and the bylaws allow for outside noise until a certain time the complaining property owner should have been aware of that when he purchased the property, It was his resposiblity as a property purchaser to read the deed restriction, CC&R's and bylaws that would have been provided prior to closing.

Just my opinion.
BrianB (California)
Posts: 2,820
Posted:
i am kind of with Gerald and Pauline.. find the legal time that noise must cease. Inform everyone of it, and enforce it. If it's ten, by virture of a city ordnance, then it's ten. If it's twelve, because there is no other ruling, and thus, the CC&R's have precedent, then educate everyone on that time and tell the complainers that you will enforce the rules as written, not as someone would like them to be.
PatrickH (California)
Posts: 204
Posted:
Andrea,

I agree with the other posters that said you should abide by any municipal noise ordinance. If you don't have any ordinances, then your your rules should prevail.

I will say that music until midnight on a week night is pretty late. Our recreation center closes at 10 PM Sunday through Thursday and midnights on Friday and Saturday because there is a row of homes adjacent to the property. People who rent our clubhouse for parties must be out by closing hour and any music must stop one hour earlier. All that is spelled out in the rental agreement and people don't want to risk their $ 250 security deposit, so it's never been a problem for us.

You'll probably never make the whiner happy no matter what you do, he can always call the police any time he wants to about anything he wants to. If you're following all the rules, eventually the police are going to speak with him about him wasting their time and resources.
RonaldW (South Carolina)
Posts: 901
Posted:
.... My suggestion would be to find the city code in relation to noise and follow it. If it says no noise after 10:00 pm then I would set 10:00 pm as the drop dead time the clubhouse can be open.....


That about says it.


Ron
SC

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