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Fined due to neighbor complaining (not true)

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options1

Junior Member
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

Junior Member
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.
 
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