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CalAttorney2
CalAttorney2, Lawyer
Category: Real Estate Law
Satisfied Customers: 10244
Experience:  I am a civil litigation attorney with experience representing HOAs, homeowners, businesses and others in real estate matters.
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I live in a condo. My upstairs neighbor moved in her

Customer Question

I live in a condo. My upstairs neighbor moved in her daughter and grandson. The grandson runs and jumps off and on all day long!
I want to move! The HOA won't do anything about this nuisance noise. Everyone who comes here complains. I have tried talking to them, they were rude.
I have no peace and quiet and did not think a condo would be like this. I only hope I can sell it.
I feel she should pay my moving expenses. Is this possible?
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  CalAttorney2 replied 1 year ago.

Dear Customer,

I am sorry to learn of this situation.

Unfortunately noise from neighboring units is a common issue -

  • It is important to start quantifying the noise issue (you want to show your issue is not one of hypersensitivity and is one of a significant noise disturbance). You can do this by keeping a log of when noise occurring, and even by jotting down decibel levels (this is relatively easy to do now - simply get a microphone that works with your computer or laptop and find a decibel reading program (you can find one for free online)).
  • Armed with data, you can resubmit a formal complaint (written) to the HOA. Most HOA's CC&Rs will have a specific clause in them concerning noise and/or nuisance - find yours. When you submit your complaint, cite the specific clause you are complaining about, and include the information from your noise log.
  • If this does not work, you have a couple of options, you can sue the HOA (for breach of contract - failure to enforce the CC&Rs), or you can sue your neighbor (for private nuisance).
  • Short of filing a lawsuit, you can try to mediate the dispute with them (either the HOA, the neighbor, or both) - contact your local bar association and request referrals to mediators, a third party neutral can often help you reach a mutually agreeable resolution. Use the bar association's referrals to contact a mediator or two, the mediator will then contact the other party to set up a mediation session, and you can go from there - hopefully resulting in a formal or written settlement agreement, and save yourself the time and expense of litigation.

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