I HAVE A PROBLEM NEIGHBOR (WE BOTH OWN OUR TOWNHOUSES) WHO COMPLAINS ABOUT MY RADIO DURING THE DAY HOURS. I HAVE JUST BEEN ASSESSED A FINE BY OUR HOA MANAGEMENT COMPANY. THERE IS NO ACCOMPANYING POLICE REPORT, IS THIS LEGAL AND HOW DO I GET HER TO STOP MAKING REPORTS LIKE THIS? ANOTHER SIMULAR SITUATION WITH THE SAME NEIGHBOR LED TO THE POLICE BEING OUT AND I WAS INFORMED I WAS NOT BREAKING ANY LAWS.....HOWEVER THE HOA AND THE MANAGEMENT COMPANY HAVE NEVER COME OUT OR HAD MORE THAN AN EMAIL OR A CALL FROM HER...
The HOA's authority to assess a fine is based upon the covenants of the HOA and any rules enacted under the authority of those covenants. The HOA rules may be stricter than local city/county ordinance. If so, then the HOA could assess a fine against you for conduct that is legally not a nuisance. However, in order to actually enforce the find, the HOA would either have to sue you in court or foreclose your property. At that time, you could defend based upon the HOA not having sufficient evidence to prove that you violated the covenants, conditions and restrictions of the HOA. Where noise issues are concerned, unless there is some objective measurement (typically, in decibel level: db), or credible witnesses who are all willing to testify that they find your noise intolerable, it's extremely unlikely that a court would uphold the assessment, because it's to ambiguous/arbitrary to demonstrate that you have actually violated the rules.Conversely, if the HOA actually has a rule with a specific db measurement, and it has actually measured your noise with a db measuring instrument, then that sort of evidence could be used as proof of the violation -- which would justify a damage award or Foreclosure action. But, I seriously doubt that the HOA has done the sort of investigation and measurement necessary to be able to prevail in court. It's certainly possible, but not very likely. Hope this helps. NOTICE: My goal here is to entertain while educating the public about the law. I hope my answer is useful and informative to you. During our conversation, the website may ask you to rate my answer. If you rate my answer lower than the middle rating, then the website retains your entire payment, and I receive nothing. It is entirely your choice as to how you rate my answer. However, because your payment to me is in the nature of a donation/gift, rather than as compensation for any services rendered, you are entitled to know how your rating affects the final distribution of your donation. If you need to contact me again, please put my user id at the beginning of your question ("To Socrateaser"), and the system will send me an alert. Please Click the following link for IMPORTANT LEGAL INFORMATION. Thanks and best wishes!
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