Condominium Construction Defects Damage Financial Governance Noise

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!

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