I own a condominium
in Hayward, California and have neighbors
upstairs. The upstairs unit is two bedrooms with a married couple, a teenage boy, a 2 ½ year old boy and a newborn and they always have company over. The 2 year old runs around the unit constantly starting between 5:00 and 6:30 am and does not stop until between 8 and 10 pm every single day. We have already complained to the HOA
about this and other issues with no results.
We have filed at least 9 complaints with the property management company who relays the messages to the president of the HOA board. I first brought the issue up with the neighbors and they claimed I was exaggerating or making the issues up. The mother of the woman upstairs is also the president of the HOA board. I have resulted to calling the police a few times and the noise usually stops for about a week or so and then goes back to being just as bad as before. They keep saying that they cannot control their kid but the city public nuisance
laws clearly state that the property owner is responsible for the noise caused by any person, animal or machine on their property and after I call the police the noise stops for a while so they can stop the noise if they have motivation to but I do not have the time to keep calling the police every single day about this issue. They know that they are making noise but do not care, if this where an apartment
complex they would have been evicted months ago. I have been taking readings with a decibel reader and on average the noise is 10dB above ambient levels, almost twice the level allowed for construction
zones in my city. Out of frustration I have pounded on the ceiling and they pound back in the same rhythm and then get much louder. Even when the noise is not so loud it hurts my ears, there is never a time when I am home and cannot hear them stomping around.
We had soundproofing installed through the main living area of the house at great expense which dampened the noise somewhat but not at all in the bedrooms. The noise and vibrations are so bad that my pictures would fall off of the wall, the chandelier swings around and I have to shout when talking on the phone and blast my TV just to hear it. I have not had a full night sleep in three days due to being awoken by the noise. I cannot take this anymore but I have invested too much time, money and energy to move and refuse to be pushed out by lazy, careless, selfish neighbors. I feel I have exhausted all options to get them to handle their responsibilities and the only solution I see is to force them to move. I proposed this to the property manager who told me that they owe more than their unit is worth and could not. I have absolutely no sympathy left for them and do not care where they go, I just want them out as soon as possible. I am not on speaking terms with them and it has become clear that they will not change. I am open to any ideas that will get them out. Once they are out we may be willing to buy the property to rent out if this information helps. What are my options?