C.S. from California writes:
Dear Mister Condo,
Our tenant has a medical issue and exercises 30 minutes to an hour each day. The tenant in the unit below us also has a medical issue and is constantly complaining about the noise and vibration from our tenant. In the past our tenant exercised while the downstairs neighbor was at work. Now the downstairs neighbor is at home all day and complaining once again. The HOA wants our tenant to stop exercising or join a gym. Our complex does not have a community gym. What can we do to resolve this issue? We live in the San Francisco Bay Area in California.
Mister Condo replies:
C.S., tenant/landlord and medical issues aside, the HOA has a right and a duty to enforce its covenants for the best interests of all parties involved. Exercising in general is not likely to be a prohibited activity within the HOA. However, excessive noise, such as that caused by a treadmill, elliptical trainer, or other exercise equipment may well violate the association’s noise tolerance provisions and would provide adequate grounds for the HOA to cite you as unit owner for your tenant’s violation of the noise restrictions associated with your unit. The HOA “wanting” your tenant to go to a gym is not the same as them having the right to prohibit the use of noisy exercise equipment. I strongly doubt they have any authority to have your tenant “stop exercising” as you have put it. If your tenant observes the noise regulations and exercises, the HOA would have no interest or authority in prohibiting the activity. If you feel you have legal rights which the HOA has violated, I would strongly encourage you to consult with an attorney. Other than that, you would be well advised to have your tenant seek quiet exercise options while dwelling within the HOA. All the best!