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How To Deal With A Noisy Neighbor

One of the most unnerving aspects of multi-family living is having to deal with a noisy neighbor. This can run the gamut for an aficionado of the latest and loudest heavy metal band or someone who is a hearing impaired insomniac, a neighbor who wears hob nailed boots to practice kick boxing, or a contestant for the world’s loudest baby contest. Some disturbances are inadvertent, some unthinking, some beyond the perpetrator’s control and sometimes it is intentional and even spiteful.

Since the board of directors of an association has the implied duty to preserve "domestic tranquility," a board needs to have a policy in place to deal with the situation.

For many years a board could brush aside all complaints unless it was a threat to an entire floor of a building or multiple owners. Now, however, the courts are looking carefully at boards of directors’ "hands off" policies and if someone is injured, they are now inclined to say that the association had a generalized problem and the board should have acted, particularly when health and safety were potentially at stake.

The dilemma for the board is to stay out of petty neighbor disputes yet use its enforcement authority when there is a clear cut violation of the rules.

Here are some guidelines for a board to use when walking that tightrope:

All new policies begin with an update of the rules and regulations. The board needs to establish the policy, include it in the rules and make sure all residents (owners and tenants) have a copy.
Residents need to be educated that when a neighbor is creating an unreasonable noise level (and this is when it becomes subjective), they must first talk to their neighbor. The exceptions, of course, would be domestic disturbances or criminal activities, which would be police matters. Routine noisy TVs and stereos, loud walking, jumping or anything that constitutes normal day-to-day activities can sometimes be resolved by a simple conversation. Unfortunately, a significant number of buildings have insufficient sound insulation from the initial construction and it requires maximum cooperative effort between neighbors.
Assuming the noise is unreasonable or the neighbor is belligerent or threatening, the police should be called. The jurisdiction of the board of directors of an association is limited and neighbor disputes resulting in threats cannot be solved by the manager or a volunteer board.
If the conduct persists after an attempt at remediation and/or a police visit, a written violation complaint should be filed with the board.
The board should then send a warning/cease and desist letter.
If the problem persists after written notice, fines can be levied against the owner after a hearing. The board can create a hearing committee consisting of no more than three people, to hear complaints and then report to the board.
The last resort is the filing of legal action to collect significant fines and/or seek possession of the unit for violation of the rules and governing documents. On occasion an association may be compelled to seek a court order forcing a sale of the unit. In all instances where court action is warranted, attorneys fees and costs can be charged to the owner of the unit.

If you conducted a poll of condominium unit owners, most would tell you that it is the renters causing these types of problems. My experience is that there are as many inconsiderate owners as there are renters. Some peoples’ lifestyles and habits are just not suitable for multi-family living.

A board of directors trying conscientiously to run its community in a judicious manner cannot afford to spend an inordinate amount of time fielding complaints and arbitrating neighbor disputes. The board must first establish a policy and then on a case-by-case basis determine which complaints fall within the four corners of the policies and require administration and which complaints are really two fussy antagonists locked in a game of one-upmanship. The former requires the board to use its police powers and enforcement authority; the latter should be a warning sign to the board to steer clear. This is the supreme test of the board and the manager applying the principles of "sound business judgment."