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Tina
Tina, Lawyer
Category: Real Estate Law
Satisfied Customers: 5436
Experience:  17 years of legal experience including real estate law.
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3 years ago, our association changed the tennis court

Customer Question

3 years ago, our association changed the tennis court located 40 ft from our home into 3 pickleball courts. This game is extremely loud (Google pickleball noise) and after constant complaints with no action, we filed suit. We went to mediation, and they agreed to put up a sound proof wall on our side of the courts only. I had a petition signed before hand by 13 neighbors, friends, who I submitted to our association. They added those individuals in the settlement. There atty requested they sign an agreement that they would not sue or ever complain about the noise again if they install the wall. One of the people that signed petition refused to sign because he did not want to give up his rights, and felt the wall would make the noise worse for him(he is on the other side of the courts) in the meantime, we contacted dep. they came out and measured and received a 78.6. The games noise varies according to the players, this measurement was taken with only 4 older woman playing. They planned on taking more measurements this Past Sunday, but our associations atty contacted them saying they are exempt. Currently dep is determining whether they are.
Recently my husband was on our deck playing music, one song had the word blow job in it. He went inside to shower and when was done realized he had left the radio on and went outside and turned it off. The police showed up and one of the players filed a complaint. We went to mediation and he explained what happened and promised he wouldn't play the song again. We have a court date set for July 26 with the municipal. As our original lawsuit was dead because we could not settle, and we did not have the funds to continue, our association is asking the case be reopened because of the radio being played that day and is seeking damages from us. We have lived here for 28 years with no prior issues from us for noise. The association on the other hand has received numerous complaints over a period of 3 years from us as well as our neighbors.
Submitted: 5 months ago.
Category: Real Estate Law
Expert:  Legalease replied 5 months ago.

Hello there --

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So the wall was never built because one person refused to settle?

Now the association wants to do what to your husband? Throw you out because of one loud radio song? Do they want to take the entire matter back to arbitration/mediation because of this?

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MARY

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