B.B. from outside of Connecticut writes:
Dear Mister Condo,
I live in and own my condo. I have been here 30 years. The condo is 40 years old. I live on the top floor, 3rd floor. I have vibration coming from the unit on my bedroom side, and I am aware of what it is. But my association won’t do anything because he denied what was going on. There is no noise. I just feel my mattress move enough to keep me awake. The lack of sleep is causing health issues. I now have vibration coming from the living room side when the owner decided to move back in. I did not have it when she had a tenant living there. I think the floors have some serious issues, but I can’t get the Board or the Management company to do anything. The building is old, we had termites years ago, and there have been a few small earthquakes. I believe a Dyson fan is causing the living room vibration, but cooperation is difficult. I want to get a vibration test done reflecting the problem I feel, but all the big companies don’t help. I am so frustrated. How can I get anyone to do anything? Can an attorney do something? Before I spend money for one, what kind of attorney helps in this kind of situation? Thanks.
Mister Condo replies:
B.B., I am so sorry for your problems. After 30 years in the condo, I am sure you are quite upset that your peaceable enjoyment is now being upset by tremors and vibrations. I am not certain what, if anything, can be done although I certainly think you should have a discussion with an attorney about what your rights are as outlined in your condo documents. Most documents address nuisance such as you are describing and you may be able to have the Dyson product banned from use if it can be demonstrated to violate your association’s nuisance rules. However, it won’t be easy as the most common nuisance items are noise and odor. Vibrations aren’t likely to trip the noise violation and the blowing of air isn’t causing an odor violation from what you have told me. Older building do come with their own challenges and earthquakes and general settling that have occurred over the past 40 years will most certainly have taken their toll on the building. If the building no longer meets your living requirements, you might consider selling and moving to a new home where the age of the building may not be as much a factor as your current home. That may not solve the current problem but it would no longer be your problem. If you speak with a local attorney knowledgeable in real estate law and you cannot find a legal remedy to your situation I think you will have to have a good long talk with yourself about how much you can tolerate and still be content. If this condo isn’t going to do it for you, I am certain there are many others that would. Good luck!