How noisy?

[dalillama]

What is the name of your state?What is the name of your state? MA

I live in a Condominium in Boston. My roommate is a DJ and he likes to play his music somewhat loudly (only the bass is heard in the floor above, however). We checked out what the Boston City Ordinance is, and it establishes a limit of 70dBa during the day and 50dBa between 11PM and 8AM. (our noise levels do not reach even 25 dBa)

Our condo handbook states that between 11PM and 8AM "noise levels must not be loud enough to penetrate adjoining units, above, next to or across from the respective unit". We tried to work out a time-schedule with the upstairs neighbor (the only one complaining), but she proved to be uncompromising.

We thought "well, ok, as long as we're under the city ordinance levels during the day, we'll be fine".

We got a warning letter from the building manager and he gave us an "updated" set of rules which is completely arbitrary. It states:

"Quiet hours are between 11PM and 8AM. Please be considerate of your fellow residents, any loud disturbances at any time is a violation of the rules & regulations, more so after 11:00PM. Units in violation will be assessed a fine to be determined by the site-manager depending on the severity of the offense"

Can the condo impose an arbitrary maximum noise level? Can they further restrict the city ordinance noise levels and impose a fine "at will" over what it feels to be excessive?

[HomeGuru]

Originally Posted by dalillama

What is the name of your state?What is the name of your state? MA

I live in a Condominium in Boston. My roommate is a DJ and he likes to play his music somewhat loudly (only the bass is heard in the floor above, however). We checked out what the Boston City Ordinance is, and it establishes a limit of 70dBa during the day and 50dBa between 11PM and 8AM. (our noise levels do not reach even 25 dBa)

Our condo handbook states that between 11PM and 8AM "noise levels must not be loud enough to penetrate adjoining units, above, next to or across from the respective unit". We tried to work out a time-schedule with the upstairs neighbor (the only one complaining), but she proved to be uncompromising.

We thought "well, ok, as long as we're under the city ordinance levels during the day, we'll be fine".

We got a warning letter from the building manager and he gave us an "updated" set of rules which is completely arbitrary. It states:

"Quiet hours are between 11PM and 8AM. Please be considerate of your fellow residents, any loud disturbances at any time is a violation of the rules & regulations, more so after 11:00PM. Units in violation will be assessed a fine to be determined by the site-manager depending on the severity of the offense"

Can the condo impose an arbitrary maximum noise level? Can they further restrict the city ordinance noise levels and impose a fine "at will" over what it feels to be excessive?

**A: yes and yes. Has your DJ deaf ear roommate ever heard of headphones?