Noise Ordinace Violation

6 Replies

Received a noise complaint from our HOA that one of the residents in our unit was creating noise nuisancesin the early morning. We have an infant who often wakes once or twice during the night. And the complaint was likely against him. Can the HOA enforce a violation upon an infant crying? Additionally, is it against HOA violations for the tenant beneath us to pound on their ceiling in response to us walking around our apartment or our toddler having a tantrum after quiet hours? I have video of our neighbor pounding for three minutes while my toddler had a tantrum. The tenant has even approached me several times; most recently ringing my door bell over and over and trying to pull my locked screen door open several times. He is not civil and I do not feel safe answering the door. We have tried to talk to both he and his spouse when we initially moved in and even changed our our children's bedtimes in a effort to avoid noise during quiet hours. They have become more and more aggressive. I have notified police however they could not do much.

HOAs have too much power. I wouldn't be surprised if they tried to have your kid arrested for being noisy. My advice-move.

@Jessica Torres you refer to the neighbor as "the tenant" - does he own the apartment or rent it? Do you own or rent? (if one or both are renters then it is time for landlords to step up and intervene). HOAs have documents that spell out the rules - I'm guessing they are vague in the area of noise or just say "city ordinance". I don't think there is a city anywhere that would consider a crying child to be a noise violation at any time of day or night. Generally it has to do with loud music, engines, etc. The HOA should also have guidelines on how your neighbor is supposed to handle his "complaint" and I'm guessing that beating on the ceiling and attempting to enter your unit is not an acceptable response. He is out of line. You should feel safe in your home. Don't take this abuse and don't beat yourself up. Kids cry. Tantrums happen and the toddler shouldn't be placated when behaving badly just because you are afraid of bothering the neighbors. If he ever yanks on your door again you call the cops and tell them he is angry and you are afraid.

Why on earth would anybody even want to live under communist rule like this . I’d rather live in a run down trailer in a trailer court than a 300k condo with an HOA telling me what to do and how to do it

In my state, HOAs must give you the option to dispute any violation. I would simply dispute it and ask for proof that there was a violation. You should also send a certified letter telling your neighbor not to contact you, if you are truly afraid of him. Then when he ignores it, get a restraining order against him.

Thanks everyone for the advice. We went through our landlord to report issues and met with the HOA. I received the resolution notice today which states "...the Board does not find that, at this time, the complaints rise to the level of a nuisance to warrant any further action by the Board." We are all ordered to treat each other with respect and refrain from any "hostile, argumentative or harassing behavior." They state that some level of noise from neighboring units is natural although steps should be taken by all residents to keep noise to a minimum.

Needless to say the neighbor has been pounding on a regular basis since Friday and continued this morning when I attempted to vacuum my floors. 

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