Glenwood Springs, CO · Member since 2018 · 4 posts · 2 votes
Asking for a friend: I have an extremely obnoxious neighbor above me. Loud walking during the day, very loud bumps/noises in the middle of the night, almost as if he fell off his bed! This happens every single day and night, and usually wakes me up from sleeping. After many attempts to go to the HOA and property management company, they say there is nothing they can do, they have tried warning him, etc (The HOA rules and regs mention fines for noise disturbances, but I don't know if they have implemented that). I do not want to sell just because of a crummy neighbor, especially at this point in the market. Additionally, I temporarily move away for the winter and wanted to rent my unit out to a mid-term or long-term tenant (3-6 months). My questions is two-fold:
1. Does anyone have any experience with this or is anyone a legal expert in Colorado? Is there really nothing that can be done? Should the HOA be responsible for noise proofing the ceiling if that would remedy the issue?
2. If a renter does move in and is plagued by the same issue, would they have rights to terminate the lease?
Investor · Curtis, NE · Member since 2019 · 231 posts · 140 votes
3y
Do you know if the tenant owns it? If not, can you complain to the owner? I am guessing the noise issue mentioned by the HOA has to do with parties, not with someone falling out of bed at 2AM every night.
Honolulu, HI · Member since 2008 · 3k+ posts · 2k+ votes
3y
Aloha,
How are you notifying the HOA/PM? You need to document dates, times, duration, and details of each incident, over a period of time...30 - 90 days, in writing. Phone calls to HOA Management or to Board members is a waste of time. Mail your complaint and documentation via Certified, Return Receipt Requested to the Managing Agent/Account Executive from the management company that the HOA has contracted with. Identify the section(s) of the DCC&R's or House Rules that you believe apply; and reference the fine schedule, asking if any such fines have been issued to, and paid by, the offending Owner.
If you believe the rules or fining schedule are vague or might not cover your situation, have a knowledgeable Real Estate Attorney, that routinely handles HOA matters, review them and provide you their opinion and advice. Know that the Board and the HOA PM are NOT attorneys, likely NOT licensed in Real Estate (this does vary by state), and are most likely motivated to keep expenses down. You need someone looking out for your best interest, not theirs. It may be your HOA and/or local laws may require (or allow) you to use Arbitration or Mediation services to arrive at an agreement with the offending Owner. This is much less costly than an Attorney to settle the issue once you are clear on what the rules state.
Your HOA PM should be enforcing the current rules regularly and equally for all. It may be your noisy neighbor is a Board member, or friend of, or the Board is not interested in enforcing some or all of the rules that they are responsible TO see enforced. It could also be your current rules are outdated, or unenforceable due to poor drafting (such as too vague, or too specific), or the PM does not have time or desire to enforce. You should attend the next Regular Board meeting (they are required to mail or post notice of when/where that will be), and ask questions about how the rules in general are supposed to be enforced. They should absolutely be able to tell you if fines were issued to that owner or not. Do not waste your time asking an individual Board Member or the PM in person, outside of a Board meeting.
In theory, your Board does have a fiduciary duty to you and all Owners, and the responsibility to see that all rules are enforced, and all common and limited elements are properly maintained. Unfortunately, too often Boards are driven by their own agenda, which often includes keeping maintenance fees low by not spending money they should be spending. Your annual budget and reserve funding documents can shed light on that, and you absolutely need to understand them.
Owner's are ultimately responsible to pay fines, and typically charge them back to the tenant directly, or if they are using a Rental manager to oversee their unit, the PM would do so.
Do you know if the tenant owns it? If not, can you complain to the owner? I am guessing the noise issue mentioned by the HOA has to do with parties, not with someone falling out of bed at 2AM every night.
He does own the condo, and yes it probably doesn’t cover walking loud, hence the issue.
Probably not much you can do. Noise violations would be for loud music, jumping jacks at 5am, etc. This sounds like an issue with poor insulation between units, thereby allowing ordinary sounds to amplify. He's probably walking normal and occasionally setting things down on the floor and it sounds loud to you. All you can do is try talking to him or get some earplugs.
Do you know if the tenant owns it? If not, can you complain to the owner? I am guessing the noise issue mentioned by the HOA has to do with parties, not with someone falling out of bed at 2AM every night.
He does own the condo, and yes it probably doesn’t cover walking loud, hence the issue.
Check your Governing Docs and any "design review committee" or similar requirements. Many associations establish a policy limiting the types of flooring that can be used, and/or requiring sound deadening material be used to limit the transmission of sounds, including "walking" loudly. Find out if the noisy neighbor obtained proper approvals from the committee (if there is one) prior to installation.
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