+ Reply to Thread
Results 1 to 6 of 6
  1. #1
    CNS4287 is offline Junior Member
    Join Date
    May 2007
    Posts
    3

    Question CONDO - Noise from above?

    New Jersey

    I am a condo owner - Can I do anything legally to solve the problem of 2nd floor owners, by Association rules, who are supposed to have 80% of their unit carpeted and they do not and the noise from their stomping around, screaming at each other, dog barking and nails scraping across the bare floor, chairs scraping, wearing shoes with heels, etc., etc. is driving us crazy? Waking up and going to sleep is on their schedule? And I'm trying to sell but their stomping feel are driving people away? I've tried talking to them, writing them a letter, contacting the Association (the Association refuses to do anything about it) and it's resulted in only making the problem worse. ???
  2. #2
    Blue Meanie is offline Senior Member
    Join Date
    Jul 2005
    Location
    Massachusetts
    Posts
    23,737
    Quote Originally Posted by CNS4287 View Post
    New Jersey

    I am a condo owner - Can I do anything legally to solve the problem of 2nd floor owners, by Association rules, who are supposed to have 80% of their unit carpeted and they do not and the noise from their stomping around, screaming at each other, dog barking and nails scraping across the bare floor, chairs scraping, wearing shoes with heels, etc., etc. is driving us crazy? Waking up and going to sleep is on their schedule? And I'm trying to sell but their stomping feel are driving people away? I've tried talking to them, writing them a letter, contacting the Association (the Association refuses to do anything about it) and it's resulted in only making the problem worse. ???
    Why won't the Assoc. do anything about it? What reason do they give you?
  3. #3
    Paddy Reagan is offline Member
    Join Date
    Jan 2007
    Location
    Naples, Florida
    Posts
    181
    Complaining about the noise probably won't result in much action by the residents above you or by your association's board of directors for two reasons. First, responses to noise levels are very subjective. What bothers you may have little impact on someone else. Second, with the exception of the screaming, the sounds you describe are typical of a family living in a residential unit. It's unlikely that such behavior will change.

    The central issue here is the floor covering (or lack of it) in the unit above. If the CC&Rs require an 80% coverage by carpeting, it's likely that the developer who built or converted the property adhered to his own condo documents. (Don't quote me on that. Developers are notorious for ignoring such items.) If so, the carpet was removed and some other surface covering was substituted by your neighbor or a prior owner. If the board approved such a move its members violated the restrictions. Approval documents should be in the condo records. If an owner made the change without board approval, the violation occurred but no records exist.

    If you want to resolve the issue, concentrate on this basic problem. Write a formal letter to the board, quoting the applicable phrase in the governing documents, and insist on action to restore the floor covering to its original condition. If there is no response, have an attorney write a demand letter and follow his advice regarding further action to attain compliance.
  4. #4
    HomeGuru is offline Senior Member
    Join Date
    May 2000
    Location
    Catatonic State
    Posts
    81,919
    I agree, start documenting and get legal counsel. Litigate if you must.
  5. #5
    CNS4287 is offline Junior Member
    Join Date
    May 2007
    Posts
    3

    thanks for the advice...

    Thank you for the responses. I will go the route of a formal letter and sue if necessary. The subjective part of what is noise is the tricky part. When I spoke with the President of the Association (who himself lives in a 2nd floor unit), although he said they would "look into it" he took the opportunity to make several dismissive type comments - "...this is just part of condo living...", "...everyone has to deal with noise..." While all those things are true in part, I will focus on the 80% rule as suggested as our sanity is at risk. I'm giving them a week to follow-up on my verbal complaints and will then send a letter.
  6. #6
    HomeGuru is offline Senior Member
    Join Date
    May 2000
    Location
    Catatonic State
    Posts
    81,919
    Quote Originally Posted by CNS4287 View Post
    Thank you for the responses. I will go the route of a formal letter and sue if necessary. The subjective part of what is noise is the tricky part. When I spoke with the President of the Association (who himself lives in a 2nd floor unit), although he said they would "look into it" he took the opportunity to make several dismissive type comments - "...this is just part of condo living...", "...everyone has to deal with noise..." While all those things are true in part, I will focus on the 80% rule as suggested as our sanity is at risk. I'm giving them a week to follow-up on my verbal complaints and will then send a letter.
    **A: start drafting the letter.

Similar Threads

  1. Condo Noise
    By Maria C2 in forum Condos and Co-Ops
    Replies: 2
    Last Post: 02-16-2009, 03:07 PM
  2. Condo noise Problem
    By carolinabeachbm in forum Condos and Co-Ops
    Replies: 1
    Last Post: 05-16-2008, 02:20 PM
  3. Condo - Noise From Above
    By CNS4287 in forum Neighbors & Boundaries
    Replies: 2
    Last Post: 05-10-2007, 02:36 PM
  4. Noise in condo ceiling
    By christopherj68 in forum Condos and Co-Ops
    Replies: 1
    Last Post: 05-10-2005, 05:20 PM
  5. Condo. laws - noise
    By beale0 in forum Marriage, Domestic Partnerships and Other Family Law Matters
    Replies: 11
    Last Post: 01-04-2001, 12:10 PM

Posting Permissions

  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts
  •  

© 1995-2012 Advice Company, All Rights Reserved

FreeAdvice® has been providing millions of consumers with outstanding advice, free, since 1995. While not a substitute for personal advice from a licensed professional, it is available AS IS, subject to our Disclaimer and Terms & Conditions Of Use.