Two Year Noise Dispute

Situation: An owner on the first floor has been having a problem with the owner directly above her for over two years. The upstairs neighbor is EXTREMELY noisy; to the point of things falling off the walls of the downstairs neighbor. At first she tried talking to her, lady to lady and neighbor to neighbor but has always been met with a very nasty attitude.

We've taken it to both of our past two management companies for compliance. Letters have gone out and are always ignored. If fact the noise gets worse. Now the upstairs neighbor has a new boyfriend. (Try not to laugh) but guess what they're hearing now?!? Yup, the noisy bed and verbal sounds all night long. It's so bad the first floor occupants are being woke up.

Our P.M. sent a letter with wording that would at least (maybe) embarrass her into toning it down. "....your neighbors do not appreciate having to listen to your bedroom business." That letter apparently made her madder and the noise is up to the next level. She and boyfriend have started coming home late at night and make it a habit of deliberately STOMPING, as hard as they can while walking around the condo.

So what do we do now? Someone said this is a civil issue and the downstairs neighbor should get a lawyer. Others feel that this should be handled like any other rule enforcement issue and, yes, we have specific rules that do apply to noise. So should the board handle it like all other rule enforcement issues? Letters asking for compliance; a letter saying it will be turned over to an attorney; then actually ALLOW the attorney to handle it? After two years of being woken up night after night, it really is a serious situation.

I appreciate everyones opinions on this matter.

No offense, but if all you're doing is sending letters asking her (or even telling her) not to do that, then there is no motivation for her to stop.

I mean, all she has to do is throw away the letter.

There are no consequences. Why would she comply? We already know she's inconsiderate, so appealing to her sense of decency obviously isn't working.

Now, as to what exactly she is in violation:

What portion or section of your CC&Rs is copied to her when the letters go out?

Do you have a Noise CC&R?

We don't, but then we're single family, detached homes.

But, we do have a sort of "catch-all" section that addresses activity that becomes a "nuisance."

Section 2. Nuisances. No noxious or offensive trade or activity shall be conducted on any lot, nor shall anything be done which may be or become an annoyance or nuisance to the neighborhood.

If you have something like this, then it's time to escalate the situation.

She needs to know there are consequences for non-compliance.

Like it or not, she purchased into her unit that carries with it restrictions.

It's time to move the mere finger-wagging to the "here's the stick" stage.

What remedies does your HOA have when unit owners are in non-compliance?

Whatever it is, it's time to go to the next level.

Anna,

It's certainly worth the effort to speak to an attorney if only to find out how this can legally be addressed. I have a problem with fining someone based on one person's opinion. It seems to me there needs to be proof. Perhaps the P.D. could also offer some advice on this.

This is an owner and the two of them have lived over/under each other for about four years. It's not a problem with them making noise going up and down the stairs---it's while they're inside the unit where they start stomping as loudly as they can late at night--with his work boots on. Then she starts doing laundry late at night until 1 or 2 in the morning, making sure she SLAMS the lid down every time she opens the washer.

The woman upstairs is in her mid 30's...the one below in her early 50's. The woman upstairs is a nurse, at an assisted living facility so one would think she'd have some compassion in her blood. She has tile floors and we know the proper padding was never put in....but that's another topic and I'd rather not go into "demanding" she rip out her floors and put in more padding. The p.m. letters have asked her to please put rugs down.

We have VERY specific rules about noise (several places in our docs and rules), and I think it would be a good idea to quote them in a letter--from an attorney.

"....your neighbors do not appreciate having to listen to your bedroom business." That letter apparently made her madder and the noise is up to the next level. She and boyfriend have started coming home late at night and make it a habit of deliberately STOMPING, as hard as they can while walking around the condo

This is why our board reviews all letters that are written by our PM. What response would one expect from someone who received this letter? "bedroom business"? Come on....