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CalAttorney2
CalAttorney2, Lawyer
Category: Real Estate Law
Satisfied Customers: 10237
Experience:  I am a civil litigation attorney with experience representing HOAs, homeowners, businesses and others in real estate matters.
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I still do not have any resolution to the issue of Excessive

Customer Question

I still do not have any resolution to the issue of Excessive Noise, in the condo above me. Ever since previous tenant took out the correct padding, etc. now I can hear everything above me. Where as I couldn't before. The HOA is not doing anything about it.
JA: OK. The Real Estate Lawyer will need to help you with this. Anything else I can tell the Real Estate Lawyer before I connect you two?
Customer: no thanks...
JA: I'm sending you to a secure page on JustAnswer so you can place the $5 fully refundable deposit now. While you're filling out that form, I'll tell the Real Estate Lawyer about your situation and connect you two.
Submitted: 8 months ago.
Category: Real Estate Law
Expert:  CalAttorney2 replied 8 months ago.
Dear Customer,I am sorry to learn of this situation.As an owner you have the right to sue the HOA (usually the most direct and common route of enforcement) for failure to enforce the HOA covenants. The HOA is supposed to be enforcing the rules, and when they fail to do so, the other owners in the unit can sue them.HOAs are built based on "reciprocal easments" so you can sue the owner of the condo above you directly if you so choose, but this is less commonly done (and usually when owners do so, they sue both the HOA and the offending owner as joint defendants). Note, the proper defendant is the owner, not the tenant.If you are a tenant yourself, your landlord should be taking these steps. If your landlord is refusing to do this, you can then sue the landlord for "breach of the implied warranty of quiet enjoyment"

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