Real Estate Law
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Hello and welcome.
My name is XXXXX XXXXX my goal is to provide you with excellent service today. I am very sorry to hear of your difficult situation. I have been in similar circumstances and it is a real nuisance. Before I can give you an accurate answer to your question, please provide the following additional information:
The condos do not have rules about noise or the types of floors that may be installed in units? This is not a retirement community which does not allow children is it?
I look forward to assisting you as soon as I have received this information. Thank you.
It does allow children in the HOA. I am almost sure that they don't care about what I would do with my ceiling.
I see. Thank you for clarifying the situation for me. I would first contact the HOA and see whether they have any rules about noise which should be enforced against the neighbors. Ask to review the association rules and if there is such a rule, they should be charged with enforcing it if you file a complaint with the HOA.If there is no such rule in place, then your recourse would typically involve filing a complaint in the local court under a common law nuisance theory of law, alleging that the neighbors are interfering with your right to peaceable enjoyment of your property. In the complaint you can request damages for the continuing nuisance as well as an injunction which would prevent them from continuing to engage in the nuisance conduct.It is best to retain a local real estate law attorney to draft the complaint and file it in the local court. If you cannot afford an attorney, the local law library should have sample pleadings from which you could draft your own complaint and file it. Another option is to look for a local paralegal or even a law student to assist you as the court itself cannot provide you with the pleadings you need to file.
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