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EileenE1
(Florida)

Posts:9

08/31/2010 12:25 PM
One of our unit owners called me regarding the noise their neighbors air conditioner was making. Our documents mention "nuisances not being allowed" but does not mention what type. He has tried speaking to the neighbor but nothing good has come out of it. Should the HOA get involved? And if so how. I am president of the HOA and have never had a problem like this before. Thank you

JeffP6
(Florida)

Posts:91

08/31/2010 12:54 PM
If you have a noise nuisance provision then i think this applies as much as it applies to say a neighbors pool pump or their barking dog. If it is very loud i would send a violation but also let the homeowner know that the extent of the HOA's ability would be to send the violation. If it is extremely loud and say near their bedroom window as they sometimes are in FL then I would suggest they look up their counties noise ordinance - they can probably get a quicker remedy by calling the sheriff out if they have already tried talking to the homeowner. I know where I am the ordinance says that if a deputy comes that the noise must be remedied within a specific period of time determined by the deputy - which can be as little as 15 minutes. Also that repeat violations will result in the homeowner being ticketed. Id let the county fight this one for you then it is cheaper for the HOA and the HOA doesnt have to get in the middle of a neighbor dispute

DonnaS
(Tennessee)

Posts:5671

08/31/2010 3:22 PM
Jeff, The Counties will not deal with this type of noise problem. The noise has to be over a certain decible level and I find it hard to believe that a compressor would generate that level of noise. Sounds like time for a repairman. Just hope that it conks out soon and then it will get fixed to sound less noisy.

JeffP6
(Florida)

Posts:91

09/01/2010 10:55 AM
The county ordinance where I am from doesnt specify a decibel level - additionally I asked the deputy that we pay to patrol our neighborhood and he said that it would fall within the ordinance for my county

DonnaS
(Tennessee)

Posts:5671

09/01/2010 11:02 AM
Jeff, Soooooooo, someone in a County office will decide what is too loud, according to his opinion? I am not convinced that there is not a level of noise guideline. My little Martin County has one. Call again because someone other than a Deputy should have that information.

JeffP6
(Florida)

Posts:91

09/01/2010 11:06 AM
Take a look - read the ordinance: AN ORDINANCE RELATING TO NOISE CONTROL; DEFINING A NOISE DISTURBANCE; PROHIBITING NOISE DISTURBANCES; PROVIDING FOR ENFORCEMENT OF THE ORDINANCE; PROVIDING FOR SPECIFIC PROHIBITIONS; PROVIDING FOR LIBERAL, NON-CONFLICTING CONSTRUCTION; PROVIDING OTHER REMEDIES TO PREVENT THE VIOLATION OF THIS ORDINANCE; PROVIDING FOR EXEMPTIONS; PROVIDING FOR ENFORCEMENT AND PENALTIES; REPEALING ORDINANCES 92-34 AND 99-38; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the making and creating of unreasonably loud, disturbing, and unnecessary noise continues to occur with increasing frequency in conjunction with the ever-growing development of Polk County; WHEREAS, it is the purpose of this ordinance to prevent, prohibit, and provide for the abatement of disturbing noise in order to protect and promote the health, safety, general welfare, and the peace and quite of the residents of Polk County; and, WHEREAS, such disturbing noise may not be amenable to practical measurement by decibel measuring apparatus; NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF POLK COUNTY, FLORIDA: SECTION 1: TITLE This ordinance shall be known and may be cited as the Polk County Noise Control Ordinance. SECTION 2: FINDINGS OF FACT The foregoing findings are incorporated herein by reference and made a part hereof. SECTION 3: AUTHORITY This ordinance is enacted under the Home Rule Power of Polk County, specifically Section 125.01(1), Florida Statutes, and pursuant to Article II, Section 7, Florida Constitution, which provides that adequate provision shall be made by law for the abatement of excessive and unnecessary noise. SECTION 4: SCOPE This ordinance shall be effective throughout the unincorporated areas of Polk County, Florida. SECTION 5: DEFINITION OF A NOISE DISTURBANCE As used in this ordinance, a noise disturbance is any sound that is: (a) Of such duration, volume, or intensity as to be injurious to human or animal life, or property; (b) Of such duration, volume, or intensity as to unreasonably interfere with the comfortable enjoyment of life, property, or the conduct of business; or (c) Of such duration, volume, or intensity as to alarm, disturb, or annoy reasonable people. SECTION 6: PROHIBITION OF NOISE DISTURBANCE No person or business may make, continue, permit, or cause to be made or continued, any noise disturbance as defined in this ordinance. Factors that shall be considered in determining whether a violation of this ordinance has occurred, shall consist of, but not be limited to, the following: (a) The duration, volume, or intensity of the noise; (b) The nature and zoning of the area from which the sound emanates in relation to the area where it is perceived; (c) The time of day or night the noise occurs; (d) Whether the noise is recurrent, intermittent, or constant; (e) Prior violations of this ordinance by the same disturbance; and (f) Whether a written noise complaint, as set forth in section 7, has been received by the Sheriff's Office. SECTION 7: ENFORCEMENT (a) Any citizen may submit noise complaints in writing to the Sheriff's Office. To the extent known, the complaint shall include the name, address, and telephone number of the complainant, the address or location of the noise disturbance, the name(s) of the alleged perpetrator(s), and the nature of the noise disturbance. The written complaint shall be sworn to, signed, and notarized. (b) When a Polk County Sheriff's Office law enforcement officer has probable cause to believe that a violation of this ordinance has occurred, the law enforcement officer shall issue a warning to the property owner, the one responsible for creating the disturbance, or both. The warning shall notify the property owner, and/or the one responsible for creating the noise, of the violation of this ordinance and specify a reasonable time to abate the noise. Absent special circumstances, or unless otherwise provided in this ordinance, a reasonable time shall mean fifteen (15) minutes. (c) If the violation is not abated within a reasonable time after the warning, or if the violation recurs within ninety (90) days of the issuance of the warning, the responsible party or parties shall be cited for the violation of this ordinance and subject to prosecution under §125.69, Florida Statutes, and this ordinance. (d) Issuance of a citation or warning to an adult member of the household or business where the violation occurred shall be deemed notice to all members of the household or business thereby rendering them responsible for the noise.

DonnaS
(Tennessee)

Posts:5671

09/01/2010 11:31 AM
I stand corrected, you do not have a decible level. I still find that an air conditioner compressor that is making so much noise should be dealt with from within the direct unit. This thing needs repair, not the cops. The Hoa should send a letter to the unit owner and state the covenant on noise nusiance and go from there, depending on the response from the unit owner. by the time this gets settled, the dern thing should burn out.

JeffP6
(Florida)

Posts:91

09/01/2010 12:23 PM
Ordinarily I would totally agree Donna but my experience lately with homeowners is that they do not jump to correct anything - espescially something that would require the outlay expense like an air conditioning unit - until my HOA has sent the demand letter from the attorney. At that point it would have been (in our HOA) several months) and I dont know about u but Id about pay to get the thing fixed for my neighbor if it was several months and the thing was constant and next to my bedroom At least with the sheriff option there isnt any outlay of HOA money and the solution should happen quicker.

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