Fined due to neighbor complaining (not true)

[options1]

What is the name of your state (only U.S. law)? MA

Hi,

We were fined $200.00 for noise violations, but I claim they are untrue. How can I fight this, or rather, why would I be fined with only one complaint? It's their word against mine. If I really were that loud, why are they the only complainant? I can't see how's it is legal without some tangible proof, collaboration, recording, something. And sound is so subjective-I may think something is very loud, but you don't think it is. If they had some and told me, I would have talked quieter (no tv or radio on), but they never asked us, they just complained the next day.

Any suggestions??

Thank you

Diana

[ecs]

First, check your bylaws to see what they say about noise & the fining procedure.

Then do these in writing via certified mail:

Ask the Board for a written explanation of why no warning was issued first.

Then see what the bylaws say about how you are to be notified - certified letter? other? Were you notified this way? Make sure notification includes exact date of violation & exact type of violation. If your notice was not sent to you as required in bylaws then you have not properly served.

If & when you are properly served ask to see the written documentation & evidence on which the complaint is based & what exactly is the basis for the fine. Who made the complaint? Was their complaint submitted to the Board in writing & signed? Exactly what kind of noise was identified as the problem?

Ask to see any police report that was filed because you broke a noise ordinance.

You are entitled to due process - ask for a hearing & that your due process rights be upheld.

If it comes to a hearing and you do not prevail then exercise your right to file for Alternative Dispute Resolution to have the matter mediated (your bylaws should include a discussion of this).

Chances are that if your Board is as sloppy as mine they issued the fine without a sound basis for doing so.

Let us know how it turns out.