Category Archives: Noise

Laws About Condo Flooring Materials in High-Rises

J. from outside of Connecticut writes:

Dear Mister Condo,

I am on the lower level of a condominium and the owner above me removed area rugs, and walking on hard wood floors above me sounds like horses walking around!! Are there any laws or standards regarding wood floors in condos?

Mister Condo replies:

J., there are no laws about floor types or covering in condos that I am aware of. However, many associations, especially those with upstairs/downstairs unit owners have their own rules about materials that may or may not be used by owners. Many apartment style condos require wall-to-wall carpeting to help prevent noise from travelling downward. Check your condo docs and see what they say about floor types and coverings. It is quite possible that your upstairs neighbor has violated the building’s policy by having hard wood floors, regardless of area rugs. At the very least, you might ask the Board to intervene as the noise is disturbing your peaceful use of your own unit. Good luck!

Noisy Condo Neighbors Refuse to Be Quiet 

P.C. from Maryland writes:

Dear Mister Condo,

I am a renter who receives a government subsidy. The neighbor above me owns her condo. She is loud. Stomps over my head drop objects constantly. Every night until 1:00 am. I sent an email to manager of association, who contacted the owner of my unit. I complained to housing i really want to break my lease. The owner refuses. The association manager says she’s going to,send a letter. I have a police report. I have to go to court to process my complaint to have a noise ordinance enforced. I have a disability. Should i call legal aid? Get a case going? This association i heard is not good. They have issues keeping up the property. I cant wait to leave next year. It wont come fast enough!

Mister Condo replies:

P.C., I am sorry for your troubles. It sounds to me as though you are doing just about all you can do. If your upstairs neighbor is an inconsiderate person and refuses to obey the association’s rules on noise, your next steps are legal, which it sounds like you are taking. Understand that the association can only enforce its own rules. If you have made a complaint of a rules violation, the next step is for the Board to review the complaint and take whatever action they can against the violator as outlined in the association’s governance documents. This is typically a warning letter, followed by a fine or fines for multiple violations. That is really all they can do. If laws are being broken, i.e. noise ordinances, then you can follow through with legal action, which you are doing. While your disability may impede the ease of making such a complaint, you are free to hire an attorney to represent you if need be. If Legal Aid will handle that for you, by all means, have them do so. Ultimately, I think your plan of leaving the association is a good one. Hopefully, your new home will come with better neighbors. All the best! 

Who’s Responsible for Noisy Condo Air Conditioner in Newer Condo?

E.H. from outside of Connecticut writes:

Dear Mister Condo,

I purchased a new condo in 2014. The HVAC unit is situated above my condo. Recently, the unit vibrated and produced a pounding sound such that I thought that there was a rock band playing on the roof! This pounding went on for four days. The vendor indicated that this vibration was caused by twin compressors that exchanged power from one to the other during the summer season to ensure that the HVAC system functions properly. This did not occur last summer. Because I was not told about this occurring when I purchased the condo, does it appear that I have any leeway in pursuing this issue with the builder.

Mister Condo replies:

E.H., I am not an attorney so I cannot offer any legal advice here. I am sorry for your problem but I am doubtful that you will have any success in pursuing this issue with the builder. Have you looked at the warranty for the air conditioner? Chances are that it is already out of warranty but you should still check. Next up is looking at solutions to the sound problem. You may need to have an HVAC engineer make suggestions and you may need the Board’s approval to implement any changes that will change the exterior appearance of the unit. Are you the only unit owner with this problem? If others are experiencing the same issue, it might make sense to coordinate the repairs / replacement of these noisy units. HVAC, like many technologies, advances at a rapid rate. Your 4 year-old unit may have a smaller, quitter, more efficient replacement that might just save you and other unit owners money for years to come. Good luck!

Rattling in Ceiling Likely to be Association Responsibility

L.S. from Tolland County writes:

Dear Mister Condo,

My condo has these metal strips above my ceiling sheetrock. When the tenant above me walks around, the squeaking noise is so bad – it is unbearable. The condo association is not taking responsibility for this – it is in many of the units at the complex. Being that it is above my ceiling – wouldn’t that be considered structural? I am being told that I have to remove my ceilings – HELP

Mister Condo replies:

L.S., I am sorry for your noisy ceiling problems. Seeing as the condo association did not actually build your unit (a developer did that a long time ago in all likelihood) your squeaking was very likely a pre-existing condition to your unit before you purchased. That doesn’t make it right or better but it may explain your association’s attitude towards your noise complaint. The way I see it, you have a few options here. First off, I am not an attorney and you should very likely speak to one to see if you have a case for a structural defect that would put the association on the hook for the remediation. Since you know of several other unit owners having the same problem, you might be able to join forces and sue the association and force them to take action. They may have a lawsuit against the developer or they may have insurance that would help them pay for it. Or, they may have to issue a Special Assessment to pay for the repairs if they are found liable. Keep in mind that you and your fellow unit owners will be the ones paying for these repairs in that situation but the expense will be equally shared by all unit owners, even those unaffected by the problem. Have you looked into the cost of removing your ceilings? Will your insurance help mitigate the cost? While I am in agreement with you that this is an association problem, if it is a cheap fix, you might want to tackle it yourself just to get some peace and quiet. This isn’t ideal but may prove more practical than the cost and time of a lawsuit. Finally, your other solution would be to simply sell and move. Again, not ideal, but it gets rid of your problem. However you finally solve this this noisy problem, I wish you all the best. Good luck!

Music at the Condo Pool – Yes or No?

S.H. from Florida writes:

Dear Mister Condo,

Some people want music at pool others don’t. How do I settle this problem?

Mister Condo replies:

S.H., in these days of personal music as close as your cell phone and a pair of earphones, I would think that keeping the association out of the music business would be the wisest choice. That being said, if the association doesn’t take a stand on music being played at the association pool, the association runs the risk of individuals deciding to play their own choice of music on their own speakers poolside, possibly disturbing the unit owners who would prefer not to have music blaring at the pool. My personal recommendation would be to disallow any music played aloud at the pool but encourage folks to use personal music devices with headphones so they can enjoy whatever music they would like privately. Additionally, if the association approves such a rule, I would post signage poolside to help enforce the rule. All the best!

Muffled Condo HVAC Sounds Heard in Unit Owner’s Home

J.J. from outside of Connecticut writes:

Dear Mister Condo,

I live on the 2nd floor of a condo. From beneath my living room, I hear a low rumbling/clanking noise. Beneath me is a yoga room and in between my floor and the yoga room is some ventilation system that is housing some machines related to AC/Heating. The level of this noise is not loud but it is very noticeable and I can hear it from my entire place, even from the bedrooms. Isn’t any noise penetrating my condo unacceptable no matter how subjectively low the sound may be? And at what point is outside noise from building infrastructure deemed a problem which requires action by management? Thank you for your consideration of my inquiry!

Mister Condo replies:

J.J., I am sorry that you are having to put up with noise inside your condo unit. Do your governing documents indicate what is and isn’t acceptable levels of sound intrusion? Many documents state that unit owners and residents are entitled to peaceable enjoyment of their units. Some go further and elaborate levels of sound in either decibels or typical activities (running a vacuum cleaner, for instance). My guess is that the level of noise you are describing either isn’t mentioned or isn’t included in the restrictions. If that is the case, you may be stuck living with the noise. Have you contacted the Board of Directors of the condo to state your case? HVAC units may need some fine tuning. The hours of operation of the yoga studio may offer you some relief. You may also be able to install some sound deadening material on your floor that might mitigate the noise, at your expense. Other than that, your best bet may be to sell your unit and be much more selective about ambient sound in your next unit. Good luck!

Noisy Condo Neighbor Serves On the Board and Doesn’t Follow Rules

W.T. from outside of Connecticut writes:

Dear Mister Condo,

I have been having a problem with the owner of the Condo above me. I have asked him several times to try and cut down the noise on his floor (walking, dropping heavy objects, etc.t) which makes noise come down into my condo. He also has a Doberman dog that sometimes barks 30 or more minutes at a time. Yesterday, I talked with him and asked if he would try to cut down on the noise. I have done this before with some results. Yesterday when I asked the question, he came unglued, telling me not to speak to him again and a few other choice words. I feel that if he continues to make excessive noise, I should be able to ask him to try and keep the noise down. What else can or should I do? Also, this person is one of our directors and the other two goes along with him.

Mister Condo replies:

W.T., I am sorry for your problems and for your inconsiderate upstairs neighbor. I am going to give you two answers for your consideration. The first is to write to the Board with as much supporting documentation to describe the noise and the rules violations being committed by your upstairs neighbor. Almost all condos have rules about noise and the rights to a peaceable environment for all residents. Further, almost all have rules about pets and the acceptable noise level and noise curation that other residents have to tolerate. A 30-minute session of any dog barking is sure to be a rule violation. In the past, you have taken a neighborly approach with some success. Speaking with an agreeable neighbor is a great start but that is no longer an option. Your neighbor has made it clear he has no intention of keeping the noise down. Your recourse is with the other members of the Board, his fellow Directors. If they are reluctant to take action against your neighbor, you have two practical options. First, you can sue the Board for neglecting to enforce the noise covenants of the association. Your second option is to move out of this community. It is unfortunate that it has come to this but having a jerk for a neighbor is not only annoying, it can be downright dangerous. Having a jerk like this neighbor on your Board is equally dangerous, especially if his fellow Board members are reluctant to enforce the rules against him. I am sorry I don’t have better news for you. Keep me posted and good luck!

Noisy Condo Tenant May Get Evicted!

N.A. from outside of Connecticut writes:

Dear Mister Condo,

I have been a noisy tenant in my rental condo. I used to work nights, and I would be unwinding at odd hours. Due to complaints, I even switched my hours to work in the daytime. I still have my night time tendencies. I have been paying tons of fines, but the condo board “will be discussing my issue”. I have been trying really hard to walk on eggshells (keep the TV down, etc…) What can they do to me? Can they kick me out?

Mister Condo replies:

N.A., a noisy tenant is a big problem for a condo association. Unit owners and neighbors complain to the Board and the Board must take action against the unit owner and the tenant of the unit owner – you. Being aware of the problem is half of the battle and you seem to know that you been violating association rules for some time and have paid a “ton of fines”. The idea of the fine is to correct the behavior. In other words, fine the offender a few times and the offender should stop violating the rules. To accrue “tons of fines” means that strategy hasn’t worked with you which puts the Board under pressure to take further action. Without knowing the full details of what options are available to the Board, I will say you and your landlord may find yourselves on the receiving end of a lawsuit seeking eviction. If that happens you will most definitely want to contact an attorney to defend yourself. I have to ask you why you would want to continue to rent in this community where your lifestyle clearly doesn’t fit with the community as a whole? Why not rent in an apartment that doesn’t have as many rules or rent a single-family home where you can live as you see fit. Changing work hours and walking on eggshells doesn’t sound too appealing. You have every right to express yourself as an individual and live as you see fit. However, residing in a condo comes with rules that you voluntarily agree to. If you can’t follow them, you are asking for the kind of trouble you are receiving. I suggest you rethink this particular condo as your home and consider living somewhere more appropriate to your lifestyle. All the best!

Condo Owner Seeks Relief from Mysterious Vibrating Noises

S.J. from Outside of Connecticut writes:

Dear Mister Condo,

We’ve been hearing strange rattling/vibrating noises coming from the bathroom in our unit. It sounds like it’s coming from the pipes from the wall between our bathroom and flex room. It can get really loud throughout the night. The noise can be as short as 30 seconds to as long as 5 minutes. And we hear this all through the night. We’ve contacted our property manager and the board president and have sent a recording of the sound. Nothing has been done to resolve issue. What can we do? Can we legally withhold our association fees until they start taking our issue seriously?

Mister Condo replies:

S.J., NO! You cannot withhold your common fees! Unwanted noises arising from mechanical or plumbing issues can be a real pain in a condo where you can’t always get at the source of the noise. You have done the proper thing by contacting the Property Manager and the Board. They are not under obligation to act immediately but they do not provide a resolution. Ask for a proper response, in writing, from them about what they plan to do to resolve your complaint. If their answer is to do nothing, then you will speak with an attorney and see what your next step will be. At the very least, the Board should acknowledge your complaint and dispatch a maintenance or engineering person to follow up. Have you checked with your neighbors? Are they having the same problem? There is always strength in numbers so the more complaining that goes on, the more likely there is to be a resolution. Be persistent and be thorough. I am confident that you can have this situation remedied. Good luck!

Upstairs Condo Flooring Creates Downstairs Condo Nightmare

T.A. from Florida writes:

Dear Mister Condo,

Can an HOA threaten or sue me to not call or complain about the constant noises from the unit above mine. It’s like hammering or whatnot. They changed their flooring around January or February of last year and it seems like not a minimum adequate sound barrier was put. I’ve had to call the police several times. Now he’s saying I’ve aggressively approached him using profane language. Not true. I’ve approached him civilly twice and the last time I asked him to “please! Stop the noises or I’m going to have to call the police”…he said call them and slammed the door. He’s now “saying in harassing him by calling the police and aggressively threatening him? Whatever the case, I’m in Florida. Can they sue me or threat me to stop calling the police non-emergency number when the noises get unbearable?

Mister Condo replies:

T.A., I am most sorry for your unfortunate predicament. In today’s litigious world, lawsuits abound and just about anyone can sue anyone else for seemingly ridiculous reasons. You and I are no exception so there is always the possibility of a lawsuit. Let’s hope it doesn’t come to that. Let me address the basis of your complaint and what you may be able to do using your rights as a unit owner inside of a condominium. Step 1 is to review your condo documents regarding peaceable enjoyment of your unit. Also, take a good look at what it says about flooring. Many condominiums prohibit the installation of hardwood or laminate or tile flooring in units that reside above other units. If your upstairs neighbor violated that rule by removing carpeting and installing a new floor, this is relatively simple to fix. You write to the Board about the rule violation by your neighbor and the Board will take action to remedy the situation. This will involve the Board, not you, citing the unit owner for the rule violation and the fines they will incur until they remedy the flooring. If your association has no rule about flooring types, you likely have the right to peaceable enjoyment. You are going to write to the Board about the noise emanating from above and the Board should take action. If they don’t and there is no legal remedy available to you, you should consider selling and moving to an association that values peace and quiet. You have an expectation to minimal noise. Living beneath hardwood or other flooring creates a really bad environment for sound intrusion, which is exactly the reason it isn’t allowed in many condos. My guess is that with some proper complaints (in writing, not verbal) to the Board (not your neighbor), you will get the relief you seek. Good luck!