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Barrister
Barrister, Lawyer
Category: Real Estate Law
Satisfied Customers: 33781
Experience:  15 years real estate, Realtor. Landlord 26 years
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I own and occupy a first floor condo in Scottsdale, AZ. The

Customer Question

I own and occupy a first floor condo in Scottsdale, AZ. The unit above is a rental with a young family incl. 2 boys age 6 & 3. The noise at times is really, really bad. Went before a Scottsdale City Court judge and asked her if banging a broom handle as a response to their noise is considered harassment. She replied no as long as it was a response. Last night the renters upstairs called the Scottsdale PD, complained that we were banging excessively, they came out and heard our banging response (bried-10 seconds) from outside their unit, and threatened to cite me for disturbing the peace. The condo HOA hasn't lifted a finger and we have filed a complaint with police at least 8 times since January. Do they in fact have the authority to cite me and not them for what amounts to an HOA violation on private property. They wouldn't act before and now they are threatening me. HELP!
Submitted: 7 months ago.
Category: Real Estate Law
Expert:  Barrister replied 7 months ago.
Hello and welcome! My name is ***** ***** I am a licensed attorney who will try my very best to help with your situation or get you to someone who can. There may be a slight delay in my responses as I research statutes or ordinances and type out an answer or reply, but rest assured, I am working on your question..Can the police cite you? Yes. That is within their discretion if they feel that there is a breach of the peace by your actions. This is a judgement call by the police and discretionary..If the neighbors are being unreasonably loud, your recourse here is to record them so you have evidence, and then file a lawsuit for "private nuisance" against them and have a judge order them to abate the nuisance. A private nuisance is an interference with a person's enjoyment and use of his land. The law recognizes that landowners, or those in rightful possession of land, have the right to the unimpaired condition of the property and to reasonable comfort and convenience in its occupation..So if they are unreasonably interfering with your use and enjoyment of your property, the judge can order them to stop or face potential civil contempt charges if they don't tone it down...thanksBarrister

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