Board Communications Condominium Governance Legal Neighbor Issues Noise

Mentally Ill Child of Condo Neighbor Creating Noise Nuisance

D.E. from outside of Connecticut writes:

Dear Mister Condo,

We have been living in our condo for three years and love it. Recently new owners moved in next door with their 9-year-old child. Come to find out she bangs her head against the wall and screams bloody murder at all times of the day. Unfortunately, she has mental illness – bipolar, OCD, etc. I have spoken with them nicely 3 times and when we have asked it does stop so it seems like it is in control and they are just lazy. They came from a 3800-square foot home to a 1450-square foot condo. Knowing there are issues like this I would think you would investigate your surroundings first before buying this type of place. My brother was mentally challenged so I certainly have compassion but this really has to stop – I am on the verge of calling 911 every time this happens. What is my recourse?

Mister Condo replies:

D.E., you are kind to be considerate and compassionate to understand the challenges your neighbors are facing. However, all unit owners, including you, have a right to peaceable enjoyment of their units. Clearly, this noise, regardless of the source, is violating your right to peace and quiet. Your recourse is to file an official complaint against your neighbor with the Board who will then take appropriate action. Typically, that involves summoning your neighbor to appear before the Board to address the rule violation. The Board then can take further action which is typically a fine or whatever else is outlined in your governing documents. If the noise continues, you continue to report it to the Board in writing (usually via the Property Manager). Your complaints are records of the association and, as such, are subject to review by any association members, including your neighbor. For this reason, some unit owners are reluctant to file a formal complaint. However, you have already tried the nice route and only received temporary reprieve. It is up to you to take the next step to restore the peace and quiet you are entitled to. Perhaps your neighbor will do a better job of restoring the calmness or perhaps they will realize that this close living quarters just isn’t the proper environment to raise a child with these types of special needs. Either way, I hope you get your peace and quiet back. All the best!

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