M.M. from outside of Connecticut writes:
Dear Mister Condo,
I live on the top floor of a 60-unit condo building. The noise from the roof deck is unbearable. I have lived in the city for several years and have a reasonable expectation of noise levels. The noise was not disclosed in the purchase and apparently nobody was on the roof when I initially saw the unit. Is the HOA responsible for helping to control this noise issue, since the nuisance is originating from a common area?
Mister Condo replies:
M.M., I am sorry that the roof deck noise is unbearable. Your association’s governance documents likely spell out what is acceptable and what is not when it comes to noise. If you have registered your complaint with the Board, it is up to the Board to determine if your complaint carries enough merit for the Board to take action against the unit owners who are responsible for the noises. However, if your condo documents are silent about noise regulation and instead use the term “nuisance”, the Board may not have enough definition of nuisance on which to act against the noisemakers. I would encourage you to work with your Board on determining which, if any, rules are being broken and then ask the Board to take action to enforce the rules. These action may include fining the rules breakers or restricting their use of the common area for repeated offenses. Then again, the Board may not have any action to take if no rules are being broken. It is unfortunate you were not made aware of the noise issue before making your purchase but this sounds like a case of “buyer beware”. If so, and the noise cannot be controlled, I might suggest you also sell to an unsuspecting buyer during a time of year when the noise doesn’t exist. Good luck!