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07-21-2010, 12:09 PM
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Junior Member
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Join Date: Jul 2010
Posts: 3
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Nuisance because of Sex!!!
Not sure if this is the right forum to post this question.
Recently I purchased a condo in a 17 floors building, I'm on the 4th floor. I live by myself.
Some nights my girlfriend visits and she gets loud when we are having sex...
I got a letter on my door the other day from the HOA management office saying that my neighbor is complaining about noises coming out of my apartment at night. I didn't really talk to anyone in the management office about the noise because I know it's from the sex, I don't watch TV at night n don't play music at night either...
Anyway, I got a call today from the HOA manager and she said that she wanted to talk to me about the noise because it's happening again (obviously my neighbor is complaining again) and I should meet up with her to go over this issue, I told her that I will stop by tomorrow to discuss it and then she said we need to talk about it so it won't go into a legal issue with court and stuff.
So my question is
1. What is the extent of this?
2. Can they legally sue me or evict me from my place (I own the condo, I am not a renter, I believe my neighbor is renting).
3. Can I blame it on the builder... thin walls :--) ?
I'm not really sure how this is going to turn out, and I'm definitely not going to cover my girlfriend's mouth...
Thank you
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07-21-2010, 04:25 PM
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Moderator
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Join Date: Sep 2006
Posts: 15,249
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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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07-22-2010, 07:53 AM
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Senior Member
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Join Date: Jul 2007
Posts: 1,889
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Cities and counties have ordinances that address nuisance noise issues, which are generally defined as those sounds that can be heard from either a certain distance away or THROUGH WALLS, and most are specific as to what hours such nuisance noise cannot be generated. Violations typically result in infraction notices (a form of a "ticket") issued via either the police department or sheriff's office. People have a right to quiet enjoyment in their homes without listening to your GF in the middle of the night, and they have the right to summon law enforcement to knock on your door, and tell you to cool it - or to start issuing citations if warnings fail to gain compliance. These citations also create a paper trail which the HOA can then use for their OWN action against you.
If you want the kind of privacy where your GF can be loud during sex, a condo is NOT the place you'll find it.
__________________
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
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07-22-2010, 12:54 PM
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Junior Member
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Join Date: Jul 2010
Posts: 3
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Thank you for your quick response.
Can this be escalated and get me evicted from my own home? or just keep getting citation?
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07-22-2010, 04:54 PM
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Senior Member
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Join Date: Jul 2007
Posts: 1,889
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Police will typically just continue to issue citations...which can go up exponentially in price after x number of incidents.
What action the HOA can take in great part will depend on the exact wording in your HOA agreement, and if their attorney is better than your attorney.
__________________
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
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07-23-2010, 05:14 AM
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Senior Member
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Join Date: Dec 2007
Location: USA
Posts: 1,542
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If your GF's responses are interferring with the "quiet enjoyment" of other yes you can be evicted depending on local laws
__________________
Your best advice legal advice does not come from internet message boards, Police, friends, family, your neighbors etc.It comes from an Attorney. Advice given here should not replace legal advice from a qualified Attorney.
Non legal parenting and relationship issues http://www.parentnook.com/forum/
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