Noise infraction on purpose

Started by JoanneW2 • 12 replies • 2057 views

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JoanneW2 (California)
Posts: 37

Posted:

For many years I have had a problem with another owner. She was a Board member and was one of two members that were recalled by a vote. I had something to do with that occurance. It is years later, I usually ignore her and have tried to just get along. But, the fact is that if I have an opinion different thatn hers or do something she deems wrong she will do something spiteful. When she heard that the morning noise bothered us,she began slamming her door at 6:00 am. A board member did intervene and it stopped for a while. Now she has started again at 7:00 am. Alot more has happened but I don't want ot write a book.

So,the board has again remined all of us of our rules. There is a but in that...they said they are volunteers and ask all owners to try and get along since we are such a small community (9). They cannot see every infraction. I agree with them in some capacity but with resepct to this rouge owner she needs to be told directly. Afterall, what is her incentive to stop? Nothing. She is not complying with our 8:00am quiet hour rule and franlky, I have sited to the Board "quiet enjoyment of our home". Ironically she is the only one that complains about noise in the evening from her neighbors after 10:00pm.

So, I need and want to do something and am at a loss on the best way to accompish this task. I refuse to live like this when the windows are open in the Spring. I do not want to contact her replies are not always rationale. The volunteer comment from the board is quite bothersome because they are elected and charged with the oversight of our documents and R&R. I want to write a letter to the Board and site all the nasty things this owner has done to me and request that they ask her to comply. The rules are the rules. Another problem is that we not have a penalty system in our HOA.

What would you do?

SusanW1 (Michigan)
Posts: 5,202

Posted:

I would not assume that everything this woman does has anything to do with me.
I would ask other neighbors if they, too, are bothered.
If so, I would write a letter to the board with several signatures asking for some kind of intervention.

TimB4 (Tennessee)
Posts: 21,059

Posted:

Joanne,

Since you live in such a small community it's probably a safe bet that people are aware that there is a conflict between you and your neighbor.

Therefore, if you are the only one complaining I could easily see the Board choosing not to be involved as they probably see it as a personality conflict and not an issue for the Association. Additionally, your own posting stated that there is no enforcement (penalty) system established for your Association. Therefore, I'm not sure what you expect the Board to legally accomplish.

Susan gave you the best advise. Talk to your neighbors and see if they are also bothered and want to place signatures on a letter to the Board. If they do, great! The Board will hopefully do something.

If the Board does get involved, you should expect your neighbor to find something else that annoys you. Based on your posting, you should also expect your neighbor to possibly call in every little infraction of the rules you do.

The long term fix is to try and make peace. If that fails, an agreement to be civil until one of you moves is probably best.

Tim

JoanneW2 (California)
Posts: 37

Posted:

Thank you for your answers you make some good points. The only other person it bothered just moved. I did try to make nice last Winter by digging her car out of the snow twice. She is odd. She has called the police on her closest neighbor 2 years ago at 11:00pm opn a Sat. (the ones who just sold) when they had a party instead of ringing the doorbell. So, noise bothers her one could say.I think I will write a letter to the board and ask them to send an email to her. The bottom line is she is not adhering to our rules. I don't expect perfection just some mutual consideration.

HB (Oregon)
Posts: 143

Posted:

Joanne,

I would say to go ahead and write a letter citing very specific items which you consider a nuisance and are enforceable through your docs (although if your HOA has no rules for enforcement, I am not sure what they can do other than send a courtesy notice). Make sure your letter is not personal in nature and does not go on and on about your history with this neighbor.

A simple "I would like to make a formal complaint about the excessive noise" and give a few examples. Request that they send a "courtesy notice" asking this neighbor to respect the quiet hours as it is a disturbance to other homeowners.

Make sure you document each occurrence and send an updated letter to the Board each time it occurrs so they have it on file.
When is the next meeting? Make sure you attend and civily bring up the fact that the association needs to draft a Financial Penalties Resolution (ie. how you will handle violations/nuisances).

Just PLEASE don't take it out on the Board, because yes they are in fact volunteers and are doing a service for your association.
They may not know exactly how to handle this situation any better than you and may not feel getting in between a long standing feud is going to do any good.

Do not expect your Board to confront this homeowner in person, that is not a reasonable expectation.

JoanneW2 (California)
Posts: 37

Posted:

HB~Thanks. Because she has been so nasty all these years, I tend to want to make it personal. The Board has had their issues with her no doubt. So, I will, in fact, send a simple, to the point letter with specific examples. If that does not work I will also use the annual meeting as a way to take care of this issue. Our last resort would be to use my FLIP video, within my unit. It has sound and date and time stamp and email the file to the board. I have a direct view and it is so small you really cannot see it from our window.

DanielH1 (California)
Posts: 482

Posted:

You can also remind the Board that they have the power to fine the person.

You can also remind them that they do not need absolute proof. They merely have to find your complaint credible and believe that a fine is appropriate. It is better to have video and witnesses but they aren't necessary.

Finally, the Board also is not Switzerland. They certainly have the authority and justification to get involved, if they choose. Boards are not required to behave like bystanders who simply observe bad situations but do nothing about them.

JoanneW2 (California)
Posts: 37

Posted:

Well said.

AnnaD2 (Florida)
Posts: 960

Posted:

We've had a situation similar to this for about three years. Slamming doors, stomping on floors, etc., by one person on the second floor retaliating against the person below her for complaining...about the noise above.

The board sent a couple of letters to the upstairs neighbor quoting all the rules she's violating with her behavior. "Peaceful enjoyment", "noise rules", "noise times--after 10:00 p.m.; before 8:00 a.m.; etc. Nothing worked.

We took it to our association attorney who informed us that the board has done all that THEY can do; and that at this point it would be a civil matter. Neighbor against neighbor. So the neighbor who was being disturbed got her own attorney who sent the violator a letter.

It worked---for a while. Then it started up again. Unfortunately, the first floor neighbor husband now has an incurable disease and is failing very quickly. The second floor noisy neighbor was/is waking him up at night, hour after hour. The first floor neighbor went to the second floor neighbor and tearfully explained what they are going through and BEGGED her to PLEASE be considerate and understanding of their situation.

She said--"Well, that's condo living."

Just my story. Some people on our world are just NUTS.
P.S. The second floor neighbor is a registered nurse---at a nursing home. Great bedside manner.

JoanneW2 (California)
Posts: 37

Posted:

Gosh, I feel sorry for those people too. Guess what she once was a nurse. I already hired an attorney long ago when she was a Board member and five other members also voted her out four years ago. So, I guess you can read between the lines. I am still going to write a nice email to the board and we will see what happens. Since noise bothers her at night, I guess I could slam my car doors very late in the evening and wake her up every night. That could exhaust her but life is to short.

AnnaD2 (Florida)
Posts: 960

Posted:

I see what you are saying JoanneW2!

Two wrongs never make a right...
A dose of their own medicine.......

Etc., etc., etc. I wish you luck! It's just amazing how our society has reduced itself to such a "me first" attitude. Yet we see it here (on this forum) ALL the time.

Pathetic...sad...and true!

DanielH1 (California)
Posts: 482

Posted:

Despite what a previous poster said, I still suspect that the Board could act against it, if it so chose.

If it affects a common area, even if it is just noise, the Board can take action.

JoanneW2 (California)
Posts: 37

Posted:

If they don't take action after I make my request, we will bring it up in the next annual meeting and I will bring my FLIP VIDEO proof with several days of infractions. I will tell the Board what I plan on doing just before the meeting if this does not end. I think that will scare them also. They are not exaclty the brightest people. We are both Realtors so we do know the HOA law. But i like this forum and it has given me some good ideas in the past.

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