Summer is the time to have barbecues and throw parties. Who doesn’t enjoy a good party? Your neighbors!
During the summer we get an increase in complaints from Associations regarding noise violations. Pursuant to the Declarations and By-Laws of an Association, there usually is a rule for unit owners and/or their tenants that “no noxious or offensive behavior” and/or “excessive noise” shall be allowed which could disturb other unit owners.
If this provision is violated, we can send a demand to the unit owner and/or their tenants demanding that they stop the excessive noise and vacate the premises. However, these cases can become difficult to prove because a determination needs to be made if it was a one-time occurrence or if it is ongoing.
This is a grey area for our Judges in the 1st District of Cook County. They want to know if this is a case of neighbors not getting along or if the behavior is on-going and causing disturbance to other unit owners. In order to prevail on these types of matters, it is important to document the date, time and what type of behavior has been occurring. These cases require testimony from witnesses who have first-hand knowledge of the events that occurred which caused the noise or noxious behavior. Often in the Association’s By-Laws, it is required that a notice be sent by the Association which provides a date and time for a hearing for these types violations. If that is not followed, a case can be dismissed for not following the procedures that the By-Laws provide.
If you are in this situation, contact us so we can analyze the issues and properly advise you of the best course of action. Enjoy the rest of your summer!
By KSN Attorney Omeesha Srivastava