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HOA Issue over exhaust noise level (California)

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xcslx84

Junior Member
What is the name of your state (only U.S. law)? California

Hello, I need some advice please!

Lets start from the beginning... I work for a motorsports company, so I have a sponsored vehicle I drive that has an aftermarket exhaust on it. It is a couple decibels louder than the legal limit (95dB).

I moved into a townhouse community as a renter August 2009. I try my best to drive slowly in the neighborhood, so I dont cause too much disturbance to my neighbors. I mean, we have speedbumps in here anyways; so with a modded car, I probably drive the slowest out of anyone in this community!

In February, I had a neighbor approach me in my garage. He said his wife was stuck in bed with a broken ankle and that when I warmed up the car in the mornings, I would wake her. He asked if I could go down the street to warm up in the mornings. Of course I said yes, this was a reasonable request! I apologized if I had caused him any disturbance and said if he needed anything else, that if me warming up down the street wasnt good enough, to please let me know and I could pick up a silencer for it.

After 2 weeks of giving up warm-ups on my car in the mornings, I was driving up to my house and see him stand outside his door, just staring me down. I really didnt get it, and uh...still dont? One week after that, I receive a letter from HOA. All it states is that a neighbor has complained about noise nuisance and that I need to install a quieter muffler immediately.

Our HOA doesnt specify too much into Noise Nuisance. We do have the average 'Quiet Hours' though. I wrote the HOA and said that I would like to get this issue resolved, to please let me know what they wanted me to do specifically. I mean, if they want me to swap mufflers, I would like to know if they want me at a specific dB or if I can just avoid driving during quiet hours (which I do anyways).

My HOA never responded to me, and finally NOW in April - they sent a letter to the homeowner. They request the homeowner resolve this issue or they would request a hearing and then fine the owner.

Thanks for reading up to this point lol... Now my questions are:

If HOA doesnt specify a specific dB in their rulebook, wouldnt I just need to avoid driving during 'quiet hours'?

I asked the HOA what they exactly wanted from me, yet they have not responded to me and instead sent a letter to the homeowner saying they received a response from me, but need the homeowner to have me swap mufflers. WTF? How can they demand something without giving us details on what they want, and just threaten the homeowner with fines if they dont get me to change mufflers?

The car is driven 3-4 times a week and during the afternoon/early evening. Another thing is that there are a couple other cars with aftermarket exhausts in our community, they dont speed down for speedbumps and do that thing where you rev your car before shutting it off - what if my neighbors are confusing me with them?
 


FarmerJ

Senior Member
Any action your actual landlord takes against you regarding claims of noise will have to be backed up with proof , since you already know the remedy to reduce noise DO it then if there are further complaints your only reply to them should be ` copy of the police report please` with out police reports its all civil issue that is going to require alot more proof on the part of the complainer . Dont plan on your LL renewing the lease and next time around look for a place that does not have a HOA.
 

Kiawah

Senior Member
After 2 weeks of giving up warm-ups on my car in the mornings,
Why would you be warming up the car before you go? Most vehicles you just start it and drive easy for the first couple miles. Is there some real reason why you need that vehicle rumbling anywhere, as opposed to just starting and driving?

I've got a Harley with some loud pipes, and the last thing I would consider doing is having it sit there idling for a period of time.
 

xcslx84

Junior Member
Yes, the exhaust is a couple dB over the legal limit here in California. I dont plan on swapping out the exhaust to make it legal, this is a purpose-built car... I dont see the point in paying money to make it a couple dB quieter when that will still probably be too loud for that neighbor and needing to continue swapping it back and forth for events. Since it is a purpose-built car, thats why I only drive it a few days a week and during afternoon/early evenings... I KNOW it might be annoying to some people, but during the day!? Cmon! Its quieter than our gardeners, or the neighbor who plays the drums in his garage all day!

I warm up my car in the mornings because I live in SoCal. If I had streets where I could stay under 2500rpm for a couple miles, that'd be fine - but my short street dumps onto a major street... Regardless, this neighbor must have some other issue with me..I mean, I quit warm-ups and he still came out to stare me down... Just not sure what I did to make him so upset?

Police reports ARE a good idea. I doubt theyve got any since Ive yet to be approached by an officer...Plus, Ive been keeping logs of when I leave and come back home, so I have something to present in case of a hearing.

I know Im the bad guy since I have the car... But dang, I just think all this is so excessive when I gave into my neighbors requests AND only drive during the day...

Thanks for all your replies guys! :)
 

amanda26

Junior Member
I am having the same problem with HOA

OMG Where do you live??? I just got a violation in the mail the other day too. This is crazy. It is almost the same situation. My neighbor plays drums in his garage all day long as well. Anyway, it is about my husbands car. I have only lived at this place since febuary this year. About a week after we moved we got our first complaint by a neighbor. My husband is in the military and he works days, then nights, then days it is never the same shift. Anyway the first week we moved my husband came home around 2 a.m. Yes his car is louder then a normal because it is a high performance car. Anyway his car is left idling due to the turbo timer for the turbo to cool off. It is about 50 seconds and that is the max then it shuts off. The lady that lives in our area came out of her house and approached my hubby about his car ( at 2 a.m in the morning). She was very rude about it and made a big deal! He tried to explain to her why it idles like that but she rudely walked away and said "fix it". Well we have an HOA board member that live's right above us. She never complained about it at all. We even asked her if it bothers her and she said No. So the other day I walk to the mail box and I receive the letter, I called the number on the letter and asked what do you want us to do? She told me the complaint was not the fact the car was loud but it is left idling. The neighbor complained that someone in that car talks on the phone while the car is on and it always happens around 3 in the morning.....lol this is funny. So now these neighbors are making up stuff. My husband was sitting right next to me when I called the number provided in the letter and herd what the complaints were about. This is a complaint Right! Ok people be mature here. So anyway my hubby wrote the letter today and sent it. I am now waiting to hear back from them. This is nuts. we probably live in the same area! I too am a renter.

P.s. If most people read their car manuals it states to warm up the car before driving it!
 

amanda26

Junior Member
I have the same problem too with HOA

I forgot to mention that i live in southern california too!
 
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