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Has the issue of low frequency noise and its impact on home environment and health of cond

 
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  • Answered by:Ely
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Customer Question

Has the issue of low frequency noise and its impact on home environment and health of condo residents sharing a common wall been litigated ?

Has any case related to sub woofers and their impact on condo residents been litigated?

Is there a law that insures individual owners of a condo duplex have equal rights to a peaceful home environment?

 

Optional Information:
Country relating to Question: United States
State (if USA): California

Already Tried:
The problem relates to low frequency sound and the fact that most people do not hear this sound. The medical community, architects, sound engineers and air conditioning engineers are aware of the problem. Residents, renters, and homeowner boards are unfamiliar with the problem. How do the current laws relate to this problem? What are the responsibilities of the Homeowners Board to help solve problem that arise because of low frequency sound invading a neighbor's condo?

Submitted: 381 days ago.
Category: Legal
Value: $78
Status: CLOSED
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Expert:  Ely replied381 days ago.

Hello and thank you for the opportunity to assist you. There might be a slight delay between your follow ups and my replies as I am typing out my answer, or taking a quick break. Please remember that this is general information only, not legal advice, and no attorney-client relationship is formed.

Can you please tell me what county you are in so I can reference any locality ordinances if necessary in my answer?

This not an answer, but an Information Request. I need this information to answer your question. Please reply, so I can answer your question. I look forward to helping you.

Customer replied381 days ago.

Thanks Ely.

The California county is San Diego, the city is Chula Vista.

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Expert:  Ely replied381 days ago.

No problem - tell me a little about what is going on - is this a tenant bothering you in a residential building?

Customer replied381 days ago.

I live in a condo duplex, sharing a condo wall. Master bedrooms are on either side of that wall. Problem started in September and has been going on since. I have talked (in this order: to tenants, owner, and property manager).

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Expert:  Ely replied380 days and 23 hours ago.

Thank you.

Let us discuss both criminal and civil aspects of the matter.

Criminal
CA leaves it up to localities to define their own sound ordinances. The City's Noise Ordinance (San Diego Municipal Code, Section 59.5.01) defines noise and regulates it by type, land-use zone, and time of day:

http://docs.sandiego.gov/municode/MuniCodeChapter05/Ch05Art9.5Division04.pdf

If at any time you feel that they are breaching that noise ordinance, you may call the police. If the police feel that the sound is indeed over the limit, these individuals will be given criminal summons, or at least warned. It is better to have more than one neighbor complain at once in such instances.

Civilly
With or without the criminal aspect, you may seek civil relief and file a petition for the following - nuisance and negligence per se.

A nuisance is broadly defined as "[a]nything which is injurious to health, or is indecent or offensive to the senses, or an obstruction to the free use of property, so as to interfere with the comfortable enjoyment of life or property...." (Civ. Code, § 3479).

Negligence per se is defined as (1) the defendant violated a statute, ordinance, or regulation of a public entity; (2) the violation proximately caused death or injury to person or property; (3) the death or injury resulted from an occurrence the nature of which the statute, ordinance, or regulation was designed to prevent; and (4) the person suffering the death or the injury to his person or property was one of the class of persons for whose protection the statute, ordinance, or regulation was adopted. (Spates v. Dameron Hosp. Assn. (2003) 114 Cal.App.4th 208, 218, 7 Cal.Rptr.3d 597.)

California Civil Code § 3294 allows punitive damages in cases of malice.

Often, a good thing to do is perhaps a cease and desist letter from an attorney to them, threatening to sue for the above. Normally, this helps to take care of the matter without having to litigate.

There is no need for case law specific to sub-woofers - the general statutory and precedent is enough for both a criminal and civil action here.

I hope this finds you well. Please remember that I do not get credit for my time with you unless the answer is concluded/rated by you; I work very hard to formulate an informative answer for you – please reciprocate my good faith. If you still need information, hit reply so we can chat until you are satisfied. You may always come back to it to ask follow ups on this topic free of charge.

Customer replied380 days and 23 hours ago.

What I was typing disappeared before I could finish.

As stated above, I live in Chula Vista, not San Diego. We have different municipal codes.

Please read my top two questions, both deal with whether cases had been litigated.
When I decided to use your service, I thought those were the questions that you would answer. Are they too involved to answer?

Accepted Answer

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Expert:  Ely replied380 days and 23 hours ago.

Hello,

When I decided to use your service, I thought those were the questions that you would answer. Are they too involved to answer?

No, but it is just that one does not need to get that specificity - we law that I provided suits just fine.

Has the issue of low frequency noise and its impact on home environment and health of condo residents sharing a common wall been litigated ?

No - nothing specifically that discusses a shared wall that has set a strong precedent.

Has any case related to sub woofers and their impact on condo residents been litigated?

No - nothing that sets precedent.

Is there a law that insures individual owners of a condo duplex have equal rights to a peaceful home environment?

Not owners of a condominium specifically - there is no difference between owners of a condo, tenants, or owners of a home when it comes to this matter. Ergo, the overall law applies.

As stated above, I live in Chula Vista, not San Diego. We have different municipal codes.

Apologies, I thought I was using San Diego's county code, but that is San Diego municipal code. Chula Vista is below:

http://www.chulavistaca.gov/city_services/development_services/Planning_Building/documents/Section5.7NoiseFinalDEIR.pdf

As you can see, the same answer applies. See below with slight modification:

CRIMINAL
CA leaves it up to localities to define their own sound ordinances. Chula Visat'a Noise Ordinance are below:

http://docs.sandiego.gov/municode/MuniCodeChapter05/Ch05Art9.5Division04.pdf

If at any time you feel that they are breaching that noise ordinance, you may call the police. If the police feel that the sound is indeed over the limit, these individuals will be given criminal summons, or at least warned. It is better to have more than one neighbor complain at once in such instances.

CIVIL
With or without the criminal aspect, you may seek civil relief and file a petition for the following - nuisance and negligence per se.

A nuisance is broadly defined as "[a]nything which is injurious to health, or is indecent or offensive to the senses, or an obstruction to the free use of property, so as to interfere with the comfortable enjoyment of life or property...." (Civ. Code, § 3479).

Negligence per se is defined as (1) the defendant violated a statute, ordinance, or regulation of a public entity; (2) the violation proximately caused death or injury to person or property; (3) the death or injury resulted from an occurrence the nature of which the statute, ordinance, or regulation was designed to prevent; and (4) the person suffering the death or the injury to his person or property was one of the class of persons for whose protection the statute, ordinance, or regulation was adopted. (Spates v. Dameron Hosp. Assn. (2003) 114 Cal.App.4th 208, 218, 7 Cal.Rptr.3d 597.)

(Depending on specific definition of injury, this may be negligence or negligence per se that is applicable.)

California Civil Code § 3294 allows punitive damages in cases of malice.

Often, a good thing to do is perhaps a cease and desist letter from an attorney to them, threatening to sue for the above. Normally, this helps to take care of the matter without having to litigate.


I hope this finds you well. Please remember that I do not get credit for my time with you unless the answer is concluded/rated by you; I work very hard to formulate an informative answer for you – please reciprocate my good faith. If you still need information, hit reply so we can chat until you are satisfied. You may always come back to it to ask follow ups on this topic free of charge.

Expert TypeCounselor at Law
Category: Legal
Pos. Feedback: 98.6 %
Accepts: 17784
Answered: 5/4/2012

Experience: Private practice with focus on family, criminal, PI, consumer protection, and business consultation.

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Expert:  Ely replied380 days and 22 hours ago.

PS - apologies for a few misspellings. I am using a new keyboard and it takes some getting used to.

 
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