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Subject: My upstairs neighbor is retaliating against me, advice?
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Author Messages
DanielleG4
(Florida)

Posts:50


09/07/2021 1:55 PM  


I was under the impression initially that my upstairs neighbor was just loud and didn’t know any better. Since I’ve escalated her noise late at night with the HOA, things have worsened. I think they’ve fined her since I shared recordings with them back in July, since last week it sounds like she is moving. Everyday, she’s moving up and down and it sounds like she’s dropping/dismantling furniture. I had to pound on the ceiling last Friday past 11, she yelled something but stopped. I have another recording from this past weekend that I will share with the office tomorrow, I just don’t get why she’s doing this intentionally all of a sudden. She’s renting and I own my unit, I don’t want to move and don’t want her to win this battle.

What else should I do? I bought a ceiling thumper to bang on her ceiling and not make noise to affect everyone else. I know for a fact she’s not moving, is this a lost cause?
SheliaH
(Indiana)

Posts:4284


09/07/2021 3:48 PM  
This tit for tat you two week to be playing is beyond ridiculous. You say you know for a fact t she isn't my Bing (just like you "knew" she tossed a napkin at your door). And now you bought some sort of ceiling thumper??? What are you, 12?

I'm behind by to think you don't want this fixed - otherwise you would have purchased some noise cancelling headphones and maybe a sound reducing machine and been done with it. I'm not saying the lady's isn't a beoytch - she may be, but I'm beginning to think you're more interested in being right than getting a good night's sleep. unfortunately some people simply suck big time and you have to (1) choose your battles and (2) take a different approach to the problem.

You still haven't said if you've spoken to the owner-landlord about this - until you get him or her involved, this will continue. Or do you prefer someone else do your dirty work?

I get and truly understand you want to stay in your home,but if it appears this lady doesn't give a hoot,you can do whatever the hell you want at this point - hope it works
DanielleG4
(Florida)

Posts:50


09/07/2021 4:04 PM  
She isn’t moving, where are her boxes and proof that she is doing anything with all the things that it sounds like she’s dismantling upstairs? Why should I have to tolerate noise from inconsiderate neighbors and work around their lifestyle? The HOA isn’t fining me or sending me warnings, I’m not the one that needs to move. I haven’t worked with the owner directly, there’s 2 property managers I think. I spoke with one with the tenant from last time and all they did was replace the carpeting. Said they couldn’t do anything about it, the owner lives in another country, I tried calling the other property manager today to see if I could get anything from her.
MelissaP1
(Alabama)

Posts:10584


09/07/2021 4:28 PM  
#1 she is NOT an HOA member. The HOA or any property manager you call can do NOTHING. All they can do? Is contact the owner whom is a member to be made aware of the situation.

Overall sounds like you are "poking the bear". Going to others who can't do anything is doing nothing for you. Well except making her madder to make more noise.

When my grandmother passed away, I had to stay in her apartment with my aunt. The neighbor above was soooo loud. I swear they had put in a bowling alley. What could anyone do about it? It's bad construction. Unless your upstairs neighbor put in illegal wood floors, the HOA has nothing to do with the unit.

Former HOA President
DanielleG4
(Florida)

Posts:50


09/07/2021 4:37 PM  
The property manager works similarly to a landlord? And how is the HOA doing nothing? They’ve already sent her warnings and I think have fined her
JohnT38
(South Carolina)

Posts:793


09/07/2021 4:44 PM  
Posted By DanielleG4 on 09/07/2021 4:37 PM
The property manager works similarly to a landlord? And how is the HOA doing nothing? They’ve already sent her warnings and I think have fined her




Unless the PM is willing to fine the owner over and over there is no incentive for them to kick the tenant out. You may very well be fighting a losing battle. The question is, how much are you willing to put up with before you throw in the towel? Sometimes, life's not fair.
DanielleG4
(Florida)

Posts:50


09/07/2021 4:51 PM  
The HOA is fining the tenant why would the PM fine the owner?
MelissaP1
(Alabama)

Posts:10584


09/07/2021 4:53 PM  
Property manager doesn't work like a landlord. They work FOR the landlord IF the landlord uses a property manager for their own properties. A HOA uses a property manager too but in context of managing the HOA's business. A HOA does not own anyone's homes. It's a membership of people whom own homes.

So contacting the HOA's property manager does little to nothing. All they can do is fine the owner. The owner may not be able to do anything if what their tenant is a violation of the lease. Which most people overlook following HOA rules when writing lease agreements. If following the HOA rules isn't in the lease then not much the owner can do either. They aren't in violation of the lease agreement.

Former HOA President
BarbaraT1
(Texas)

Posts:588


09/07/2021 4:58 PM  
You need help beyond the scope of this forum.

You are obsessed with your neighbor and paranoid that she is targeting you.

You quit your job. You have no income. Please get some help to get your life back on track.
JohnT38
(South Carolina)

Posts:793


09/07/2021 4:59 PM  
Posted By DanielleG4 on 09/07/2021 4:51 PM
The HOA is fining the tenant why would the PM fine the owner?




Because the tenant is not a member of the HOA. The fine goes to the owner.
DanielleG4
(Florida)

Posts:50


09/07/2021 5:02 PM  
Only thing I’d like to add again is the HOA is fining the tenant not the owner
MelissaP1
(Alabama)

Posts:10584


09/07/2021 6:52 PM  
You know this how? Plus the HOA should NOT be fining the tenant. The owner is fined and then can pass the fine onto their tenant.

I think you don't really know how a HOA operates or what one is. You need to realize your not in a plastic bubble protected from the outside world. The reality is you owe HOA, you pay a mortgage, and you need to job so stop listening to your neighbor's noise.

Former HOA President
CathyA3
(Ohio)

Posts:2588


09/08/2021 8:22 AM  
I often say - and I think I mentioned it back in the first thread of this ongoing saga - that the person upstairs always has the upper hand (literally and figuratively). That person can make you miserable and you can't return the favor. It doesn't have to be retaliation, a family with a bunch of little kids and a dog or two will drive you nuts. If you value peace and quiet, never have upstairs neighbors.

Two options: noise-canceling headphones or moving. You are not in control in this situation. None of us can fix this and we don't have any magic in our tool kits that can change this.
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