Neighbor’s Noise Poses Association Issue

QUESTION: We live in a 20-unit condominium association. Two of our owners are in conflict over a noise issue. One lives above the other. The one residing on the lower floor has complained about the upstairs neighbors allowing skating and riding toy vehicles across hard surfaces, slamming cabinet doors and using the washing machine after midnight.

The prior owner of the downstairs unit moved out because of the noise. The new owner has lived here for about a year. He has retaliated by turning his stereo volume up to a deafening level.

Communication between the two owners has now completely deteriorated. We don’t want to have another owner moving out because of the upstairs owner’s noise. What can the condominium association do to help resolve this problem?

ANSWER: Ideally, this type of problem should be resolved between the two owners. Too many owners expect the association to solve problems with their neighbors because they don’t feel comfortable about confronting the offending neighbor and trying to resolve the problem. Perhaps they are afraid that they will make matters worse if they try to solve it neighbor to neighbor. It is also difficult to predict how the “friendly neighbor” approach is going to be received.

This situation has probably escalated to the point of causing problems for the other neighbors if there is frequent noise and retaliation, so now it is the association’s problem.

The board of directors should assist with some mediation techniques. Invite both owners to meet with the board to discuss the problem. The board member who is conducting the meeting should require that both of the neighbors remain calm and discuss with each other how the problem can be resolved. Perhaps that will be effective and no further action will be necessary.

Your letter doesn’t state whether the association has any rules that are being broken. For instance, many associations have rules that state that no noisy appliances can be used after 10 p.m. or 11 p.m. If either one of the neighbors is violating a rule, then the association board should notify them of the violation and ask for their cooperation.

If the association’s legal documents provide the board with the authority to adopt rules and levy penalties for failure to comply with rules, the board should consider adopting rules that would require owners to install carpet on hard surface floors and limit appliance use to daytime or early evening hours.

Rules may help, but inconsiderate neighbors often disobey rules, so the board needs to decide on reasonable penalties and then implement them as needed.

The board must be fair and reasonable when confronting those who don’t comply with restrictions and rules. If the board has the authority to charge the violating owner with a monetary penalty or fine, this should be implemented only after giving the owner the opportunity to meet with the board to discuss the complaint.

All of the owners should be fair and reasonable also. In most buildings you will be able to hear your neighbors occasionally. You may not appreciate your neighbor’s noise but retaliation is seldom wise or effective.