Noisy Upstairs Neighbor in Rental Apartment

[Kris Kemp]

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?