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!