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HOA/Commerical neighbor noise issue

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jwa416

Junior Member
undefinedWhat is the name of your state?California
I need advise on an on going noise issue that is directly effecting my townhouse and the unit next door. It is an annoying noise that has a loud hum and pitch, runs constantly and especially is annoying during the evening hours and is enough to interfere with sleep. Our upstairs master bedroom in both units faces in the direction and direct path of the noise.
Just some brief history. We are part of a 41 unit townhouse complex that is located on a residential street that backs up to several commercial establishments including restaurants and a market that are on a busy street. We are used to hearing some traffic and neighborhood noise inside out units. The source of this constant and annoying noise is a local restaurant. For the past two months, our HOA Board Pres. has been contacting the restuarant owner about a loud equipment noise coming from the roof area of his business. We(Board Pres, my neighbor and my husband and I) even had an in person meeting with the owner at 10PM outside this business to discuss the issue in mid February. He told us he would work on finding the source of the noise. It's now over a month since this meeting.
He keeps promising to fix the problem. He states that he will put the equipment on a timer and replace a motor that is causing the excessive noise. It is equipment related to a cooling system for his refridgeration equipment. Something is vented to the outside, but since we do not have access to his roof, we do not have exact details.
This owner only wants our HOA Pres. contacting him on the issue. He will not return my phone calls. I believe it is time to seek legal help and put our complaint in writing. Since I am a homeowner, I believe I have the right to act on my own behalf and not have to have my HOA Board involved. This noise is effecting my property's value, my health and the ability to live in and enjoy my home.
I have contacted our local city offices. I have found that the city contracts with a dispute resolution center. That consultant has contacted the restuarant owner and has been given the same line - he has had service people out and is working on resolving the issue. I do not know of any city ordinance or code that is involved.
Meanwhile, I am still losing sleep. My neighbor takes Tylenol PM. I have do the same some nights and stuff cotton in my ears.
My neighbor and HOA Pres. want to be patient and give this owner more time. Their concern is that if we move to a formal and legal complaint, that it will effect our ability to sell our homes in the future. They want to avoid a suit and a court battle.
I also am concerned about how a legal battle will effect my ability to sell if that's our only option in the near future. I can not live with this forever. :mad:
What is a reasonable amount of time to wait? Do I hire a lawyer to write a letter that puts more pressure on this restaurant? Any other ideas?
Thanks for listening.
 



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