CONDO - Noise from above?

[CNS4287]

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. ???

 

[Just Blue]

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?

 

[Paddy Reagan]

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.

 

[HomeGuru]

I agree, start documenting and get legal counsel. Litigate if you must.

 

[CNS4287]

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.

 

[HomeGuru]

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.