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Downstairs neighbor is unreasonable.

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RockmanHero2003

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

This will be my first post, as I needed a place where I could get some advice on this problem. So hi everyone, good to meet you.

I bought my first condo about a year ago. I am currently living with my girlfriend and two cats. On the first day that I began moving in, my downstairs neighbor (2 brothers and their mother), approached me and instead of 'welcoming me to the neighborhood' started complaining about whether or not I had kids. That was the first question out of the younger brothers mouth ('Do you have kids'). I didn't think much of it, but my father already told me that I need to stay clear of these guys because they were most likely going to be a problem (little did I know).

I consider myself to be a quiet neighbor. I don't play loud music, I don't slam my doors excessively, and when I play video games or watch movies or TV, I keep the volume low enough so that I can hear it and it won't disturb my neighbors (my girlfriend is the same). About two months in, the older brother comes up to my condo and starts swearing at me, telling me that he can't deal with the stomping and pacing. I told him I'll do what I can, but all I was doing was normal movement around my condo. I tried to walk a bit softer, but I cannot float around (I'm not a mutant). Mind you, I wear slippers or no shoes at all when I'm in my condo, and my floors are carpeted (all of it).

Fast forward another month, the older brother comes up to my condo again, and stars swearing at me, telling me that they can't stand the pacing and movement. I told him this time that I've done all I can for him, and there's nothing else I could do (I didn't swear at all - I keep a level head, and I don't pace). Fast forward another two months and now my neighbor is starting to harass my girlfriend (calling her a ****, bitch, and making other outrageous claims). The younger brother eventually come out and starts swearing at me on my way home from work, telling me that my 'slamming' of my doors is causing his lights to flicker (??? - I'm not slamming any doors) - and that his cat is looking at the ceiling all the time while I stomp around. I have no clue what this guy is trying to do. I also want to make it clear, that they had absolute silence (nobody living above them) for over a year, if that makes any difference.

Recently, they came up to my condo again, and threatened my girlfriend when she opened the door that 'shed better stop ****ing stomping.' That was the last straw. My girlfriend told him to kiss her ass and I marched outside and said the following: "Nobody is stomping around up here. You two are ****ing crazy. Do not come up here anymore and stay the **** away from me. Leave me alone. I'm not doing anything more for you two." I then shut my door and that was that. All of the complaints here as well occur at around any time in the afternoon between 2pm and 8pm. Most of the time it's at 6:00 pm when I get home from work. After this, the younger brother marches out the next day when I'm taking the trash out, and tells me '**** you - you're an ass hole' and then calls me a '****ing goon.'

I want this to stop. I dealt with this kind of harassment in high school; I'm not going to deal with it as an adult. I am not a mutant; I cannot float around my condo so these guys have absolute silence. I have done all I can for them. Now I think they're trying to get the neighbors to help them out to get the association onto me. What can I do? Even if the association and a judge sides with them, they will continue to have the same sound problems even after, because I can't do anything else for them. Does anyone have any advice to deal with this? I absolutely do not want this to escalate to violence.
 
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Mass_Shyster

Senior Member
Recently, they came up to my condo again, and threatened my girlfriend when she opened the door that 'shed better stop ****ing stomping.'
Report the threats to the police.

You may also want to talk to an attorney about the harassment.

Personally, since I couldn't please them no matter how hard I tried, I'd stop trying completely.

I might even take up basketball.
 

Antigone*

Senior Member
Report the threats to the police.

You may also want to talk to an attorney about the harassment.

Personally, since I couldn't please them no matter how hard I tried, I'd stop trying completely.

I might even take up basketball.
;) or how about some of that Irish tap dancing.


Really, OP the best you can do is live your life in normal fashion. If they don't like it, they'll have to suck it up. Do call the police if they threaten you in any way.
 

csi7

Senior Member
I would find out if the person you bought the condo from had the same problem with these people. Filing a police report for threats is necessary due to the criminal behavior of these people. That will not make it any safer for you or your girlfriend though if the feeling of harassment is present every time you enter or exit your home. If the lights are flickering, the neighbor needs to contact the utility company since it could be an electrical issue. Quit trying to appease the neighbors and do what you need to do to protect yourself and your home. Not sure what help the association is going to be, depends on what the association is responsible for.
 

RockmanHero2003

Junior Member
I would find out if the person you bought the condo from had the same problem with these people. Filing a police report for threats is necessary due to the criminal behavior of these people. That will not make it any safer for you or your girlfriend though if the feeling of harassment is present every time you enter or exit your home. If the lights are flickering, the neighbor needs to contact the utility company since it could be an electrical issue. Quit trying to appease the neighbors and do what you need to do to protect yourself and your home. Not sure what help the association is going to be, depends on what the association is responsible for.
I'll definitely be filing a police report with this guy. I'm still not sure what I can do about him gathering the other neighbors (I'm not 100% sure he's doing this), but if they start lying to the association, I'm worried about what might happen.
 

csi7

Senior Member
The association can be held liable for their actions or inactions, whatever their involvement ends up being. In the criminal case matter, neighbors who choose to be witnesses in the association part, can be added to the criminal case, which usually ends their involvement in both situations unless the same neighbor has previously threatened them. A private conversation with a criminal investigator, held out of view of any neighbors, can have a significant impact on how the case is handled in view of continuing threats by same neighbor.
 

JustAPal00

Senior Member
I would let them know what life could be like. Many of the above suggestions were a joke but I'd do them for a while. Then when they really complain I would offer to go back to the way things used to be if they left you alone.

p.s. Learn to jump rope!
 

RockmanHero2003

Junior Member
As I feared, these guys have gone to the HOA and lied, saying I'm making all kinds of noise during the night hours (which isn't true - all their complaints happen between 2:00 pm and 8:00 pm). I got a warning letter from them, stating about quiet hours and telling me to not do certain things. I told my girlfriend to go to the police station and file a police report for the threats which she'll probably do today. I'm going to make a claim to the HOA for the harassment they've been giving me, but I don't have a high amount of hopes.

Can the HOA do this? Can they just fine me based on the testimonial of one guy? I bought a decibel sound monitor and non of my normal activity (even with the TV on watching Die Hard) is registering above 65 db. The HOA and this guy is making it real uncomfortable to live in my own place. I won't be able to deal with constant fines and I don't have the money to move to another place.
 

RockmanHero2003

Junior Member
Any chance you can get a statement from the previous occupant stating that the downstairs neighbor is unreasonable?
I bought this property on a foreclosure, so I don't think so. I'll see if I can get any information from the property management.
 
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The Dude

Member
As I feared, these guys have gone to the HOA and lied, saying I'm making all kinds of noise during the night hours (which isn't true - all their complaints happen between 2:00 pm and 8:00 pm). I got a warning letter from them, stating about quiet hours and telling me to not do certain things. I told my girlfriend to go to the police station and file a police report for the threats which she'll probably do today. I'm going to make a claim to the HOA for the harassment they've been giving me, but I don't have a high amount of hopes.

Can the HOA do this? Can they just fine me based on the testimonial of one guy? I bought a decibel sound monitor and non of my normal activity (even with the TV on watching Die Hard) is registering above 65 db. The HOA and this guy is making it real uncomfortable to live in my own place. I won't be able to deal with constant fines and I don't have the money to move to another place.
Have you spoken to the HOA? They should hear your side of the story. If I were you, I would write a detailed explanation of what is happening, including information about your lifestyle (working during the days and not up playing loud music at night, etc.), your attempts to accomodate the neighbor's requests, and that you have filed a complaint about threats from these neighbors. If the HOA doesn't hear your side of the story, it's natural that they would simply respond with a standard warning letter. Whatever you do, make yourself appear to be a mature and reasonable person who is being victimized by some threatening and immature neighbors.
 
a video/sound recorder would work great for your situation if you open the door to these people. just make sure you follow any state laws that apply to such devices when it comes to dealing with people.
 

The Dude

Member
Here is another thought. It might go a long way to show the neighbors that you are not actually doing anything unusual in your condo. Perhaps you could get 1 or 2 people from the HOA to come over one day and do some tests. If you could get a couple independent observers from the HOA to help you, you could do some tests to demonstrate to the neighbors that you are doing nothing wrong. Just have an HOA person observe you walking around your condo with another HOA downstairs with the neighbor. If the noise downstairs is excessive with normal use, then it's a structural issue. You should also try with different people performing different roles, particularly with you downstairs so that you can hear what kind of noise they are hearing. If everything looks good on your end of the deal, the HOA should be on your side. I would even document the experience and, if possible, submit it to the HOA as a means to record your evidence with a quasi third party. Of course, none of this would be legally binding, but it should go a long way in court to demonstrate your lack of wrongdoing and your neighbors' idiocy.
 

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