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Subject: Do owners have leverage when complaining about a tenant and their noise?
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Author Messages
DanielleG4
(Florida)

Posts:50


06/23/2021 5:51 PM  


If you see previous posts of mine, the upstairs renter is loud in the late hours. I’ve tried having the police involved but they pretty much made it seem like I was a nuisance and she’s allowed to be loud late, even though we have noise ordinance in the city. My HOA follows the city’s code, the HOA has requested either recordings or police reports. From there, they said they will start with verbally warning the tenant and if continues, they can potentially fine the tenant or the landlord/owner not entirely sure who’s fined. So far it’s been a month since I complained and the HOA said the fine is usually enough to shut the tenant up. But I have my doubts, she hasn’t had a guest over late since I filed complaint a month ago. The HOA is confident but I really am not hopeful because tenants do have rights…do I have leverage considering the association/board will see I own versus a renter who’s had her lease about a yr?
KerryL1
(California)

Posts:8729


06/23/2021 6:07 PM  
No
SheliaH
(Indiana)

Posts:4290


06/23/2021 6:53 PM  
Since this person is renting the unit, have you even TRIED talking to the owner/landlord about this? Owners who rent out their unit are ultimately responsible for the conduct of their tenants, so you really need to address this with him or her. If this escalates to a throwdown in Small Claims Court, that's really the person you'll have to go after.

Meanwhile, you say it's been a month and there hasn't been any problems - maybe the owner did get a message from the property manager and has had a Come to Jesus meeting with the tenant. Why not wait a little and see if that sticks - if it doesn't, document like it's already been suggested that you do and talk to the owner.

It was also suggested that you might try noise-reducing headphones or a white noise machine - noise is a subjective thing and sometimes what's a racket to you may be perfectly fine to someone else. For an objective viewpoint, maybe you should have a friend or two over and have them listen to what's going on and see if they agree the noise IS annoying - it may help if things wind up in court.
CathyA3
(Ohio)

Posts:2599


06/24/2021 5:03 AM  
I agree with Kerry and Sheila.

The provisions of the CC&Rs apply to all owners (and their tenants) equally - nobody gets any special consideration except in cases where "reasonable accommodations" and laws like ADA come into play.
AugustinD


Posts:1920


06/24/2021 6:41 AM  
Posted By CathyA3 on 06/24/2021 5:03 AM

The provisions of the CC&Rs apply to all owners (and their tenants) equally - nobody gets any special consideration except in cases where "reasonable accommodations" and laws like ADA come into play.
For the archives, FHA, meaning Fair Housing Act, not ADA. FHA always applies to HOAs and Condos. ADA rarely applies.
DanielleG4
(Florida)

Posts:50


06/24/2021 7:49 AM  
I’ve tried getting the property mgr involved previously because I had issues with the other tenant and all they did was replace the carpeting. The HOA has that soundproofing is meeting their code & nothing else was required to muffle sound. It’s been a month since there was any noise late at night but she will likely go back to being raunchy, from my understanding the HOA spoke with the tenant not the owner. When it comes to recording the sound, aside from having a recorder should I have the police file report just for supporting documentation? As a witness, not to knock on the neighbors door.
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