elevator noise into my condo unit (california)

[Guin Met]

California.

We live in a 2 bd condo in Woodland Hills, California which we purchased 2 years ago. We have had an issue with elevator noise coming in to our unit. Our unit is on the first floor and the engine room is below our bathroom.
Each time the elevator is active (we live in 100+ unit with 1 elevator) the noise comes into our unit. We are constantly woken up in the middle of the night, have trouble falling a sleep, and difficulties staying a sleep in the morning. It has created an unbearable living situation.

When we purchased the condo, we were one of the first ones to have moved into our building. (It is a 1200 unit apartment to condo conversion) We didn't hear the elevator noise until months after people began to move in.

Here is an audio of the sounds from my bedroom and also a video from the engine room:
1. Audio from bedroom (begins at 0:07) - Audio from Bedroom (Building 14 Unit 124) - YouTube
2. Audio/Video from engine room - Building 14 Elevator - Engine Room Noise - YouTube

We have addressed the problem to the HOA and have even had the elevator technician (contracted by the hoa) come out and assess the issue. He came into our unit and said the noise should not be coming into our unit and has proposed a suggestion. I have since then asked to view the proposal and the amount which they have refused for us to see. The amount is less than $1500.00 but it is not a guarantee according to the elevator technician.

They have since refused to correct the problem twice this year because the elevator was working and we were the only ones who have complained. We have no neighbors next to us and the people above us do not hear the noise from the engine room.

Because the HOA won't do anything, my next step is to go to the developers who sold us our unit but we are trying to find out if we even have any power to pursue this. (for example: undisclosed mechanical noise or owners easement of enjoyment)

Any advice would be greatly appreciated.
Thank you in advance.

[Guin Met]

Thank you Marc for your reply.

The elevator noise became more noticeable beginning of this year and since then we have been trying to get HOA to fix the problem. We are reasonable people who do not complain often but this year the noise has become more aware to us. It could be from more occupied units in our building or the noise has gotten louder - I don't think is all that relevant.

We are also not sue happy people but we also know that no one should have to hear elevator noise each and every time the machine is moving. $1500 does not guarantee the noise will be reduced and regardless of it is $10 or $1500 - we feel the HOA or developer needs to fix this problem. We have other buildings in our complex and the noise is much lower than ours. I know that HOA feels that if they fix ours, they will have to fix all the other elevators but I believe our elevator is the problem. The board has not bothered to come into our unit to listen to the noise - it seems they simply do not care.

True that the developer may not know that there is a noise issue when they sold us the unit but this is one of the reasons I am posting to get advice on someone who knows about real estate law in california - mainly concering mechanical noise. I have search and there are similar more common issues such as mechanical noise from A/C unit or Heater unit located on the roof - the noise is vibrating into the unit below.

We have lived in condo's next to elevators and have never had noise coming into our unit. I do not beleive that failure to practice due diligence on my part when purchasing a unit next to an elevator is relevant in my opinion. If the sound was not common during the purchase process, it would not be possible to be made aware of the sound level at that time and as such, a decision could not be made with that knowledge. Expecting a person to investigate every possibility of noise sources is not a requirement to protect a person. Also we were amongst the first to purchase in our building and it was not until several months later that people began to buy and the elevator was in full use.

Thank you again for your comment.