An update on my noisy neighbor, see previous post?

If you see my previous post, it will provide details. So what I said in my previous post was I spoke with people that run the city and they provided info on noise ordinance. I had cops previously visit to address my noisy upstairs neighbor and just got the HOA involved. I own my place & my upstairs neighbor rents hers. When I spoke with someone that works in the office, they said there’s 3 steps: 1) warning, 2) violation notice with fee and 3) final one with possible eviction. I figured that was too good to be true. I spoke instead today with the mgr that runs the HOA office and he said here are the actual steps 1) conversation with tenant to address notice and they’ll reach the landlord, 2) written notice with fee warning and 3) administer fee with having a hearing with HOA board. I’m a bit confused on the third part. He said that there would be a hearing and there they’d appeal the fee, the HOA would make a decision. He said that the fee is in the thousands and when the offender hears of this fee, they usually stop. It’s in the thousands, I told him I’m still doubtful. I think after that point if it continues, they would continue to threat with fee or require it? I’m not sure…he said later on if the city has to get involved they might have to measure the actual decibel levels to see if it’s going against noise ordinance. If it’s going below, they’ll likely disregard the case and the neighbors wins. This is so hopeless, I doubt it would go that far with the city. Should I just give up and move?

Yes, you should give up and move to a detached house with lots of land so you can ensure your quiet.

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You think they’ll side with her too

Tenant laws in most states make it difficult to pursue evictions even when people aren’t paying rent. If this person is making their payments, it’s going to take a lot to evict them if they don’t want to leave.

In my experience, it also takes a lot of noise to really be considered a nuisance.

Have any other neighbors complained about this person? Maybe if there were multiple complaints for multiple units you’d have a better case.

From what you are sharing, it does sound like you would be better off in a single family home where you wouldn’t have to worry about shared walls.

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I think you will be happier moving to a place with as much space as you can get around yourself. If it must be a condo, try for a top corner unit. Otherwise, go for a house with neighbors as far away as possible.

We live rural, so neighbors are mostly half a city block or more away and we still hear their parties. We also hear the car racetrack that is miles away from us. Then too, with our rural living some people who visit consider our place noisy due to birds, frogs, and critter noises. My mom lived on a main street in her small town and said it was difficult to sleep due to noise at our place where a car would go by maybe once per hour or so.

Figure out what types of noises bother you and be cautious when buying. You already know that first floor in a condo is a problem. Realize there might be others too.

ps I’m not criticizing. We’re definitely not first floor people either when we stay in condos while traveling.

I would get together with others who are bothered by the noise.

I had a short term noisy neighbor last summer and it drove me crazy so I am sympathetic. And you have a right to live in peace.

I think group action is often more effective and keeps it from being a battle between two individuals.

Have you talked to a lawyer who handles tenant law??

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People have different tolerance for noise. When I was young I lived in a beautiful apartment with paper thin walls. My next door neighbor used to leave her TV on when she went out partying. It drove me crazy. Since then I always made sure the walls were thick.
My daughter has a downstairs neighbor who plays piano. D1 bought some thick rugs to muffle the sound. My building also require 70-80% of floor be covered. I am wondering if you could ask your upstairs neighbor to do so (or if your condo have such requirement).
My upstairs neighbor’s son used to bounce balls on the floor (my ceiling) until I asked the management agent to make sure they had rugs on the floor.

Because this is the second consecutive tenant with whom you have concerns about noise and because the responding police have both times sided with the upstairs neighbor, you should give up & move.

Just curious— why did you join a college website to complain about a noisy neighbor?

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No one I spoke to in the area specializes in tenant lawsuits like this. I was referred to the city commissioner and it seems to be best dealt with the HOA. I don’t speak to my neighbors so it would be awkward to just approach the apt across from my neighbor

Another parent posted about a similar issue a while back and figured I’d try to get additional feedback

OK. But you just joined…

Okay so someone’s post is more outdated and mine is more recent? I haven’t been banned yet…

Might I remind members of the forum rules: “Our forum is expected to be a friendly and welcoming place, and one in which members can post without their motives, intelligence, or other personal characteristics being questioned by others."

http://talk.qa.collegeconfidential.com/guidelines