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Old 03-11-2013, 10:13 AM
 
12 posts, read 40,006 times
Reputation: 11

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Hi! I need an advice. Is there a state or municipal Code that regulates relations between me and commercial establishments? Is there any law stated requirements for fitness clubs at residential area? Do you have any suggestion how to search a court hearing results for such precedents (if there were), so I could show it to the building management and they take it seriously?

I rented an apartment a month ago choosing a most quiet corner (windows are not at noisy street), but on the 1st floor (ground floor has really high ceiling and, for example, I never hear the entrance door clicking).

The problem is... a small fitness club on a ground floor. I could hear extremely loud music and a base from them (sometimes my windows were trembling), so I told the management about that. They did their job and fitness club reduced the music. But... they still turn the music on (not so loud as before) and from 6 am I can feel (yes, feel) the vibration from the base and from their equipment as well (yes, when 1-3 people using a treadmill or bikes and you sharing a wall with them, there are lots of vibration, but who knew that).

I believe this is bad for my health (I began to feel dizziness every morning and during the day), plus me and my husband should use earplugs daily (nightly to sleep well (he starts work at 9am and we rent this apartment because it takes him only 6 min walking to reach his work, so we could sleep till 8 am, but we wake up at 6-6.30am because of the vibration).

Also I can hear them all day long (I'm housewife). I started to turn on the TV and I began do it on increasing volume (28-35 instead of 18-21) to mask the vibration and noise of music and equipment. So I'm always not alone at home, this small fitness club sharing the apartment with me for several hours Mon.-Sat.

Do you believe there are any other options except finding a new apartment? I called a police once (at 6am), they gave me a case number (but I can not claim to police at day time, only till 7am), they told me I should speak with the management because the fitness is their tenant as well.


Thanks a lot!
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Old 03-11-2013, 10:19 AM
 
1,314 posts, read 2,054,720 times
Reputation: 1995
I feel your pain. Vibration and low-level hum often leads to migraines for me. Did you know about the proximity of the club when you took the apartment?

With your police report and formal complaint(s) to management in hand, I'd opt to try and get out of the lease. You're not going to win against the commercial tenant.
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Old 03-11-2013, 12:24 PM
 
Location: Seattle
1,651 posts, read 2,783,832 times
Reputation: 3026
Ugh - there is no way they're going to be able to tone it down to an acceptable level and still have it loud enough for classes. I think the best you can do is get out of your lease. If they have a unit you could move to that would be quieter, then would that work? Your moving costs would be sunk, but maybe you could use that to justify a larger floorplan at lower rent?
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Old 03-11-2013, 01:26 PM
 
12 posts, read 40,006 times
Reputation: 11
Quote:
Originally Posted by angelenogirl View Post
I feel your pain. Vibration and low-level hum often leads to migraines for me. Did you know about the proximity of the club when you took the apartment?

With your police report and formal complaint(s) to management in hand, I'd opt to try and get out of the lease. You're not going to win against the commercial tenant.
Thanks for reply. No, although we visited the apartments twice, we didn't see that there is a gym downstairs. The reason - management locates on the other side of the building (where the ground floor is occupied with regular offices) and we passed through the building inside to reach our apartment for a tour. We passed through our the street (on our side of the building) to check there was no traffic and we saw empty and dark (no people) small gym with sign "personal trainings" and we decide it's unpopular and quiet place.
I don't want to move out... It's not fair. It's not the way it suppose to be. If there were any available apts in our building, I would transfer. But don't want to move out. Today the management promised me to insulate the club. We'll see. Hope for the best, but want to be armed.
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Old 03-11-2013, 01:37 PM
 
12 posts, read 40,006 times
Reputation: 11
Do you think if I can leave a nice and friendly flyers on the windscreen of the clients car about my case? No one wants support a business that caused bad health for others. It have to force both gym and management to insulate the club space. Do you think it can hurt me? Do you think it can help?
Thanks!
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Old 03-11-2013, 02:50 PM
 
Location: Berlin, Germany
507 posts, read 1,669,051 times
Reputation: 345
sounds like a bad idea to me that won't necessarily motivate the management to do something about the problem.

Here's the thing you feel you should have been told about the Gym which is completely understandable. But equally the gym has been there before yourself, so they won't see why they should have adapt to you.

This is clearly up to the management as the middle-man to sort out. If they cant/dont do it move out/sure them/whatever....but don't blame the Gym. It's a gym, of course they will play loud music, that's what they do in gyms.
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Old 03-11-2013, 03:44 PM
 
Location: Seattle
1,651 posts, read 2,783,832 times
Reputation: 3026
Quote:
Do you think if I can leave a nice and friendly flyers on the windscreen of the clients car about my case? No one wants support a business that caused bad health for others. It have to force both gym and management to insulate the club space. Do you think it can hurt me? Do you think it can help?
Thanks!
You might want to reconsider a course of action that could cause you to run into legal problems. IANAL, but what you describe could be construed as harassment (of the gym's clients), and possibly slander, if you can't prove your claims. If you consider doing this, please consider getting some legal advice first.

Also - no matter how 'nice and friendly' those flyers are, it's just plain creepy to know someone is watching you come and go and then targeting your car. It's not the gym's client's responsiblity to fix the issue between you, the gym and the management.
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Old 03-11-2013, 04:40 PM
 
12 posts, read 40,006 times
Reputation: 11
Quote:
Originally Posted by SitoUK View Post
.but don't blame the Gym. It's a gym, of course they will play loud music, that's what they do in gyms.
Thanks, SitoUk. But I'm disagree with you. The movie theater (or a night club) is the place for loud music and they have a proper sound insulation. And my point is: if a some types of business has to be loud, they must provide insulation whether it before my move-in of after. It's a question of health of other people.

I moved to US recently and I don't know the law well (that;s why I asked questions about code, regulations and law). But in my country of origin there are laws that regulate noise for residential areas. I was sure that there is the same in US, because this is the country of great economic and it's an example of precedent law for all the world.

I don't believe it works like this: if someone bothering you, than you should put your neck in a sand, second option is - get out, and then someone else should take your place in a noisy apartment, hurting not only me, but at least 6 neighbors every morning. It is partially so, I have no dreams about, but I believe I have my right to be at my home alone, without sharing it with a gym and I should have and find arguments to prove it legally.
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Old 03-11-2013, 04:46 PM
 
12 posts, read 40,006 times
Reputation: 11
Quote:
Originally Posted by Kayela View Post
You might want to reconsider a course of action that could cause you to run into legal problems. IANAL, but what you describe could be construed as harassment (of the gym's clients), and possibly slander, if you can't prove your claims. If you consider doing this, please consider getting some legal advice first.

Also - no matter how 'nice and friendly' those flyers are, it's just plain creepy to know someone is watching you come and go and then targeting your car. It's not the gym's client's responsiblity to fix the issue between you, the gym and the management.
Yes, that's what I think... Gym's client's are not responsible for that. And it's a big question if I have a right ask them for anything in any form.
And thanks a lot, sure, I should get a legal advise about it all if I want to stay in my apartment and live without music at 6am. Thanks!
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Old 03-11-2013, 08:54 PM
 
Location: East of Seattle since 1992, 615' Elevation, Zone 8b - originally from SF Bay Area
44,576 posts, read 81,186,228 times
Reputation: 57813
The law in Seattle addresses noise 10pm-7am weekdays, 10pm-9am weekends. If the noise starts at 6am you should be able to get the City to intervene, unless it's exempt. Read the code, it's too long for me to try.

Noise Abatement Contacts:
David George
david.george@seattle.gov
(206) 684-7843

Jeff Stalter
jeff.stalter@seattle.gov
(206) 615-1760



http://www.seattle.gov/dpd/cms/group...dpds017383.pdf
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