Condo noise advice v. hardwood floors above me are insanely loud (Austin: rent, lawyer)

[austinite45]

Originally Posted by llkltk

The only reason it is noisy is because of the hardwood floors, I wouldn't call that inconsiderate behavior. It's just an unfortunate thing and you can't force someone to change their floors, not going to happen.

the way a person walks may be a factor. Some people just have the bad habit of moving around in a stomping fashion. A carpeted floor would not have made the noise less tolerable.

He is supposed to take reasonable measures to minimize the noise after he is informed of the problem.

At least he is not wearing high heels while walking around in his apartment?

[TT Dave]

I've had some of these issues in the various apartments I've leased. The last one was the worst. The lady upstairs was a single mom and had two kids. I could hear all three of them walking, banging on the floor, the kids running up and down the hallways, you name it, I heard it. And the mom walked really loud for some reason, louder than anyone I had ever heard before. And the noise never stopped, I guess they never left their apartment. It was absolutely awful! I complained to her several times and got no response. I then complained to the building manager several times, again with no response. I finally just gave up and moved a few months later and vowed to never have anyone above my head again. If I ever lease/buy another apartment or condo, it would have to be on the top floor. Since top floor units in highrises are usually penthouses, any condo I ever lease/buy would have to be a low-rise unit on the top floor. The low rise top floor would probably be more expensive, but it would be worth it.

[llkltk]

But if it is a property you own, you are entitled to renovate it as you see fit. No one can tell someone what type of flooring to have, there are no restrictions on that. It stinks, I've dealt with such issues but you can't force someone to put in carpet, it won't happen. It's just a fact, not trying to ruffle anyone's feathers! Geesh!

[CptnRn]

Originally Posted by llkltk

But if it is a property you own, you are entitled to renovate it as you see fit. No one can tell someone what type of flooring to have, there are no restrictions on that. It stinks, I've dealt with such issues but you can't force someone to put in carpet, it won't happen. It's just a fact, not trying to ruffle anyone's feathers! Geesh!

That is not true, lawsuits in other areas have resulted in judgements against the condo owner for making changes that negatively effected the quality of life of the other occupants.

[austin-steve]

No one can tell someone what type of flooring to have

True, but they can tell you to stop making noise, and if it's the flooring causing the noise, then you can't have that type of noisy flooring.

Steve

[Zzyzx]

This might be a solution: FloorMuffler High Performance Acoustical Underlayment and Moisture Barrier All you have to do now is convince your neighbor to rip out his floor and do it again

[TexasGirl@Heart]

If I were you I would have one more talk with the upstairs neighbor. I would explain how disrupting and noisy his HW floors are. I would offer to PAY to have the floors replaced with a floor muffler system as stated in the above post. If he refuses, tell him politely that you will take it to a lawyer and the court system, then if he loses, he will be responsible financially for replacing the floor himself. While it is a PIA for him to have his floors ripped up, in the long run, he will be saving $$ by not having to replace them at his cost if he loses in court.

I think the courts would see in your favor!

[austin-steve]

I would offer to PAY to have the floors replaced with a floor muffler system as stated in the above post.

Why would you pay to cure someone else's noise problem?

Send a demand letter, give a deadline and state the consequences of not ceasing with the noise. If the noise doesn't stop, take legal against not only the owner, but the HOA.

In these sort of things in life, you don't get what you want by being nice, patient and timid. Don't be a doormat. You don't have to be a jerk about it either, but you simply let it be known that the noise is not reasonable, you won't tolerate it, and you won't quit until it stops or a judge tells you that you have to live with it.

Steve

[TexasGirl@Heart]

Originally Posted by austin-steve

Why would you pay to cure someone else's noise problem?

The reason I said that is because in the OP, he/she already offered to pay via a letter! Personally, I would have never offered to pay to fix the noise problem. I would ask them to repair/solve the problem. Then I would consult a lawyer if no action was taken.

[MMichelle]

First, review your governing documents. They may contain language that will not allow "modifications" without HOA permission. On the other hand, they may only require HOA permission for structual changes. Each HOA is different - you will have to investigate.

From a more practical standpoint - I have to agree with the other posts - insulate / sound proof the ceiling. In the end it's the proactive thing to do. Again, do your research on the matter.

Still, raise the concern to the Board of Directors. If your governing documents don't forbid hard wood floors and there is not solid language prohibiting removing carpet and pading - there may be nothing they can do. But it's worth their time to be made aware. If you end up insulating your ceiling, share your experiance with the board and other homeowners. Reducing noise in your home is always a good thing and others may find your info. helpful.

Best wishes.