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  #1  
Old 01-05-2012, 07:08 AM
jwc194 jwc194 is offline
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Default Noise Complaint w/ Neighbor

I live in a condo complex in Connecticut. My unit (which I own, not rent) is directly below the neighbor I'm having issues with (she owns, doesn't rent).

Several times during the day/night, she pounds on the floor, unprovoked. It basically sounds like shes dropping a bowling ball onto the floor. This happens at all hours of the day and night, whether I'm walking around, watching tv, or quietly reading a book...

I have knocked on her door to ask her about it, but she refuses to answer.

I've talked to the condo association, they say its a police matter.

I've talked to the police, they say its a condo association matter. Also, when I have called the police to complain, they send an officer out, but she doesn't answer the door for them either, so they say there's nothing they can do. I think this just makes her feel empowered to pound away even more because she knows they won't do anything.

This woman was recently arrested because I caught her on video tampering with my water heater. That has stopped since the arrest, but the pounding continues. I personally believe she has some mental issues but don't know of anything documented.

Does anyone know what options I have here. No one (condo assn, police) seems to want to help, they just blame others and do nothing. Its unbearable to live here with the pounding (imagine someone dropping a bowling ball on the floor in the room above you at 3am.

Its causing a lot of stress and I have the condo on the market, but it could take a while to sell it in this economy.

Any ideas?

Thanks,
Jason
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  #2  
Old 01-05-2012, 08:00 AM
aardvarc aardvarc is offline
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Unless the type of noise she's making is due to something like construction where it is being heard by MULTIPLE neighbors, and more than one wish to complain about it, the situation isn't going to fit most city or county noise ordinances. Enforcing issues like these really comes down to the homeowners association. Those with well crafted bylaws AND means to sanction those who violate the rules AND boards willing to ensure that everyone stays in compliance rarely have these issues. If you're in a condo complex where either the rules are lax or the issue isn't specifically addressed in the HOA agreement, OR the board of directors can't or won't move to enforce or apply methods available to them, you're pretty much sunk.

Read your HOA agreement and take the issue back to the board. Sometimes you have to be the squeeky wheel.
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While pointers can be helpful, ultimately the number one lesson in any legal action is: don't take legal advice from books, family, friends, co-workers, police officers, grocery clerks, web sites, or people on legal message boards. The only person who can give YOU legal advice is YOUR attorney.

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Old 01-05-2012, 08:52 AM
jwc194 jwc194 is offline
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Thanks for the information. I'm going tonight to get a copy of the most current HOA manuals/bylaws (I only have the one I received when I moved in 3 yrs ago).
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Old 01-05-2012, 10:44 AM
aardvarc aardvarc is offline
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You'd be surprised how many HOAs tell their members "we can't do anything", when in fact, according to their charters or bylaws, they CAN, they just don't WANT to, because it's uncomfortable, or makes them feel bad, or makes them afraid of legal or other retaliation by the offending party, etc.

(Lots of HOA agreements get changed after one member that was disciplined gets mad enough to hire an attorney and cost the HOA many thousands etc.- such things can then either make the HOA a bulldog to radically enforce everything, or make them afraid to enforce anything)
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While pointers can be helpful, ultimately the number one lesson in any legal action is: don't take legal advice from books, family, friends, co-workers, police officers, grocery clerks, web sites, or people on legal message boards. The only person who can give YOU legal advice is YOUR attorney.

http://www.aardvarc.org

Last edited by aardvarc; 01-05-2012 at 10:48 AM.
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  #5  
Old 01-08-2012, 04:17 PM
moderator moderator is offline
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I agree with aardvarc on this one. Have you browsed through the information in LawInfo's Free Legal Resource Center to learn more about your issue yet? See: http://www.lawinfo.com/consumer.html and http://resources.lawinfo.com/en/index.html. You can certainly try to speak to a lawyer to determine what legal options may be available. In the meantime, you may be able to learn more on your own. Search the "Free Legal Resources" tab, or browse the Consumer Resources. Good luck.
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