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Old 02-11-2009, 01:20 PM
 
5 posts, read 48,565 times
Reputation: 13

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Hello all,

I'm in the middle of a dispute with my neighbors over the use of my massage chair.

I use the chair because I have chronic back/neck pain issues that stem from a biking accident when I was just 6 years old. The chair is not loud. It does not exceed the daytime limit of 55 decibels (a dishwashing machine registers at about 50, and this chair is no louder than that). There are no rules or provisions listed in my lease agreement. My best guess is that they are hearing/feeling the vibration through the ceiling.

Our neighbors knocked on our door to complain, so we bought some expensive specialized anti vibration pads meant for large appliances. I then went down to their place so I could listen for myself.

The sound was not loud to begin with, and the pads reduced the small amount of noise significantly. The husband said it was much better, but the wife kept stating "I can here it when I'm watching TV." I informed then that I could here there TV and their dog barking from my place, and that is to be be expected/tolerated when living in an apartment.

But alas, they continued to knock on my door. THE LAST COMPLAINT WAS NOT SO KIND, THEY STRUCK THEIR CEILING WITH A BROOM HANDLE, AND THAT WAS VERY LOUD.

So we consulted the landlord for advice, and told him we'd buy even more material to help dampen the small amount of vibration. He advised us to move it to a part of the living room where the floor is more reinforced. We did both things.

But the landlord also said he spoke with the neighbors, and the wife said that we should only use it when they are not home. That WE should walk down three flights of stairs to check and see if their car is here. He claimed that we should talk to her because she is "...very logical." I disagree, she has been quite emotional and unwilling to work with us.

I am at my wits end here. It appears as if my landlord is not being objective. We informed him of the extent of my back conditions in our reply to his last email.


As I see it,

I only use it about twice a day when I'm hurting. Each use is only a half hour.

We are breaking no rules or law (the noise abatement department seemed to think so as well).

We are starting to feel harassed and not able to relax in our own home.

I need this chair for a legitimate health reasons, other wise we would incur more health expenses.

We have made good-faith efforts to quiet the already quiet noise that they are experiencing. We've spent $150 at this point.


What else can I do? What are my rights? I might fall under the protected class of people with disabilities, but am not sure.

If anyone has any good advice, please respond. I called the Seattle Office for Civil Rights, and they referred me to the dispute resolution center.

Thanks
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Old 02-11-2009, 01:37 PM
 
960 posts, read 1,154,905 times
Reputation: 195
IMO hearing/feeling someone else's vibrations (like a bass speaker) is very annoying, much more than TV noise, say. Even at a low level it grates eventually. It's possible that even though you have reduced the noise, they are now just overly sensitive to it. Is it really that problematic to use the chair only when they are not home? My advice is to do what the landlord suggests. Talk to the neighbor, leave out any argument based on your back problems (because no one else need be concerned about that) or what your perception of the noise in their apt. is, and focus on working out the most convenient way for you to know when they are not home. The ultimate solution would be to move to a ground floor unit, esp. if it's a cement slab underneath.
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Old 02-11-2009, 03:20 PM
 
1,169 posts, read 5,246,936 times
Reputation: 750
My feeling is that everyone living in an apartment building has to expect to hear their neighbor's noises from time to time. It the noise is late and loud then they have a beef. Until that happens they need to take a chill pill.
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Old 02-11-2009, 04:00 PM
 
1,459 posts, read 3,288,314 times
Reputation: 606
tough call....

thats why I don't like apartment living. try to ask if you can move to a ground floor unit??
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Old 02-11-2009, 04:17 PM
 
5 posts, read 48,565 times
Reputation: 13
Quote:
Originally Posted by AzDreamer View Post
My feeling is that everyone living in an apartment building has to expect to hear their neighbor's noises from time to time. It the noise is late and loud then they have a beef. Until that happens they need to take a chill pill.
My thoughts exactly. On most days I hear their dog barking at people from their balcony, and it's quite loud. I hear a loud rumbling from their apartment because they are continuously opening and closing their sliding glass door to let the dog in and out. It shakes the whole living room. My chair produces a low hum that's much quieter. I can hear their TV as well.

All I want is to use my chair for two half hour stints during the daytime hours.
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Old 02-11-2009, 04:21 PM
 
5 posts, read 48,565 times
Reputation: 13
Quote:
Originally Posted by Freebird2007 View Post
tough call....

thats why I don't like apartment living. try to ask if you can move to a ground floor unit??
Me too. we just have a few months left and we will be renting something that allows a bit more privacy. Good idea but it's a small 4-plex that is totally occupied.
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Old 02-11-2009, 05:44 PM
 
Location: Duvall, WA
1,677 posts, read 6,828,265 times
Reputation: 644
Personally, I would just ignore them, and if they continue to harass you, I'd call the cops on them for harassment. I hate bitchy apartment neighbors. They live in an apartment with people above them, what did they expect?

I'm sorry you're dealing with that.

V. =)
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Old 02-11-2009, 06:34 PM
 
5 posts, read 48,565 times
Reputation: 13
Quote:
Originally Posted by VeronikaW View Post
Personally, I would just ignore them, and if they continue to harass you, I'd call the cops on them for harassment. I hate bitchy apartment neighbors. They live in an apartment with people above them, what did they expect?

I'm sorry you're dealing with that.

V. =)
Thanks, I appreciate that. Sadly that's what I'm thinking will have to be done. I'm not breaking any laws, so they shouldn't be allowed to keep doing this.
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Old 02-11-2009, 06:51 PM
 
1,169 posts, read 5,246,936 times
Reputation: 750
You're wasting your time trying to reach these people. They only care about their needs and don't see how crazy their expectations are.

I would try to be a good neighbor but would tell them if they have any problems to take them to the management, and they have no right to bang on their ceiling to interrupt my peace and quiet.
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Old 02-11-2009, 08:50 PM
 
Location: Holly Springs NC
553 posts, read 2,324,443 times
Reputation: 307
If you really want to go out on a limb I would have a heart to heart with them and make sure you meet in a neutral place. Tell them that you want to get along and that both of you will have to compromise or it will escalate into a full fledged fight. Ask them what they would be willing to put up with. maybe give them set times that they can expect to hear the chair running and see if they are in agreement. make sure you write down everything you have done so far and everything that takes place so if it does go south you have documentation time, date who confronted you and what they said. The reality is that if you sue or whatever it will end up being a big waste of time. You are better switching apartments or pushing the Americans with disabilities act on the landlord if the landlord complains. If the neighbors won't work with you, ignore them and go about your business. If the landlord starts giving you grief then use ADA and discrimination to your advantage. At that point the landlord may have them move. Make sure if you are going to use that card you have a quick meeting with an attorney or read the laws of the ADA. Here is a little tid bit:

Q. Who has responsibility for ADA compliance in leased places of public accommodation, the landlord or the tenant?

A. The ADA places the legal obligation to remove barriers or provide auxiliary aids and services on both the landlord and the tenant. The landlord and the tenant may decide by lease who will actually make the changes and provide the aids and services, but both remain legally responsible.

Wether your back issue and the chair fall under this language is a legal question but maybe it is enough of a bluff to get the landlords attention. Here os the ADA FAQ site: Americans with Disabilities Act Questions and Answers

I hope it works out My favorite saying: Can't we all just get along?!
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