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Tina
Tina, Lawyer
Category: Real Estate Law
Satisfied Customers: 31580
Experience:  16 years of legal experience including real estate law.
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I reside in a condo HOA that is owned by 80 percent senior

Customer Question

I reside in a condo HOA that is owned by 80 percent senior citizens. I will be 66 July 15 and reside in a condo underneath a couple with a little boy (approx. 10 years old) that they will not allow him to go outside to play. I purchased this condo May 25, 2012 as the wife was pregnant up until the end of October when she had her second boy. I heard them every night but I didn't say anything as it was possibly a medical problem. After the baby came, then I heard them in the bed every night. I sent them a note advising them that it was disturbing my sleep. To me, that should be kept CONFIDENTIAL as it is personal. The husband replied that it was the floor. These people are from Bengledash; one evening, for about 45 minutes the jumping, running was unreal. I finally went upstairs and it took me five times of placing my hand on the door before the door was opened. Come to find out, she had two of her friends over with their children (two kids) making it a total of three. I have called the police twice and have returned from the Henrico County Magistrate's office, Richmond, VA, and advised they can't do anything. What am I to do?
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  Tina replied 1 year ago.

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.

Customer: replied 1 year ago.

It does allow children in the HOA. I am almost sure that they don't care about what I would do with my ceiling.

Expert:  Tina replied 1 year ago.

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.

I hope this helps clarify the situation for you. Please remember to rate my service once you have all the information you need so I will be compensated for my time from the deposit you posted with this website. If you have any other questions, please ask me – I’ll be happy to respond. Thank you!

Tina

Tina, Lawyer
Category: Real Estate Law
Satisfied Customers: 31580
Experience: 16 years of legal experience including real estate law.
Tina and 5 other Real Estate Law Specialists are ready to help you
Expert:  Tina replied 1 year ago.

Thank you very much for your positive rating of my service. It has been my pleasure to assist you and I hope you will ask for me should a future legal need arise. I noticed that you provided me with an "OK" rating. I strive to provide excellent service to every customer, so please let me know if there is any additional information I can provide you to increase your level of satisfaction with my service.

Thanks again and all the best to you.

Tina

Note: Please feel free to request me if you have future legal questions by typing your new question in the question box on my profile page. Here is a link to that page, which you can bookmark or add to your favorites: http://www.justanswer.com/law/expert-tina/. I look forward to hearing from you again should the need arise.

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