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I currently live in an association where my neighbor above

Customer Question
me has 6 people living...
I currently live in an association where my neighbor above me has 6 people living in a two-bedroom unit. Since June when we moved in, I have heard very loud noise disturbances consisting of banging, thumping, pounding, stomping and impact sounds caused by my neighbor upstairs dropping objects onto their hardwood floor, along with their youngest child who rides a skateboard throughout the unit and runs around the entire apartment. On the weekends it is especially loud! Such that I have wear ear plugs to phase out the noise while I do my schoolwork. I have since been getting really bad headaches and plan to see my doctor to find out if the earplugs are causing the symptoms. These noises occur throughout the day; however, weekends are the worst when the entire family is home and their child runs and plays throughout the unit. Saturday(s) especially, there isn't 10-15 minutes that go by where I don't hear some sort of loud noise, except when the family is sleeping or when they are away (which is very rare). Unfortunately, I have already talked to the Owner, who doesn’t seem to have a solution to this problem. Additionally, I have consulted with the Board President, and invited her into my unit to hear the noise. At this point, I have consulted with Management for their recommendation regarding a way to formally lodge a complaint against the Owner of this unit; along, with a recommended way of recording the noise from the above unit, as I plan to present this to the Board once I have reviewed their response. Since I know this association has a history of failing to enforce the HOA rules and regulations, I am preparing myself for legal representation. I hope to get some different opinions on this site.
Submitted: 2 years ago.Category: Real Estate Law
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Answered in 5 minutes by:
10/17/2015
Real Estate Lawyer: Roger, Lawyer replied 2 years ago
Roger
Roger, Lawyer
Category: Real Estate Law
Satisfied Customers: 31,877
Experience: BV Rated by Martindale-Hubbell; SuperLawyer rating by Thompson-Reuters
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You can sue the neighbor for a private nuisance and ask the judge for a permanent injunction to stop them from continuing this activity.

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Real Estate Lawyer: Roger, Lawyer replied 2 years ago

Basically, a private nuisance is when a neighbor or someone takes action that affects your ability to use and enjoy your property.

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Customer reply replied 2 years ago
How about pursuing the issue related to severe overcrowding? Currently the Owner of the unit is renting his two-bedroom unit to a family of 6 people, including a dog. The unit is approximately 1400 sq. ft.
Real Estate Lawyer: Roger, Lawyer replied 2 years ago

That would be a matter of local ordinance and fire code issues. You could report this issue to the appropriate local agencies (local zoning/code enforcement office) and have them take action with that.

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Real Estate Lawyer: Roger, Lawyer replied 2 years ago

Please let me know if you have any additional questions. Also, please take time to positively rate our conversation so I may receive credit for assisting. Thanks again!

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Customer reply replied 2 years ago
Roger--I believe the Owner of this unit is in violation of several of the conditions stated in our CCR's. I am not interested in going to Court and filing a permanent injunction. As the problem lies primarily on the fact that the unit has too many occupants. The Owner installed hard wood flooring, causing the noise issue to worsen. And the fact that this is affecting my peace and quiet. With that being said, I hoped to seek legal representation and pursue these issues directly with both the HOA and Owner.
Real Estate Lawyer: Roger, Lawyer replied 2 years ago

You can ask the HOA to address and rectify the CC&R violations, but if the association will not take action to enforce its rules and stop the neighbor, your only option would be to pursue the neighbor and the HOA in court.

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Real Estate Lawyer: Roger, Lawyer replied 2 years ago

Your CC&R's should outline how file a dispute with the HOA board, and you'd need to follow that protocol.

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Real Estate Lawyer: Roger, Lawyer replied 2 years ago

Certainly asking the HOA to step in and stop the violations is a viable option, but if you get no results or no support, then filing suit for a private nuisance, for a permanent injunction and for an order for specific performance to require the HOA to follow its rules, would be the next option.

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