Horrible Elevator Noise in Condo I just purchased (insurance, condominium)

[bman2011]

I finished closing on the condo I'm living in now the day before thanksgiving. Everything was going great until I heard a very annoying noise in my bedroom, to what seemed like was coming from upstairs. I've had to move away from my bedroom and go into the living room to sleep assuming that maybe whoever lived upstairs was doing work. I met up with one of the residents that lives here, she came in and listened for herself and said it may be the elevator. I report it to the maintenance man last Saturday and he was not able to come in until today to check it out. He confirms it is coming from the elevator and that there is nothing he can do. Apparently, all of the residents on this side of the building hears it too. I live in a building with mostly elderly people and I find it hard to believe that they have gotten used to noise as loud as this. It is the equivalent of the loud noise you hear when someone starts up their motorcycle right next to you, but in bed where you are trying to sleep. You will hear it every time someone goes up or down the elevator.

What are my rights? Is there anything I can do here? This was not disclosed to me at all. Yes, my room happens to be next to the elevator, but this was not something I was aware of nor heard with the many times I've visited this place before I decided to purchase.

[SandyJet]

Originally Posted by bman2011

I finished closing on the condo I'm living in now the day before thanksgiving. Everything was going great until I heard a very annoying noise in my bedroom, to what seemed like was coming from upstairs. I've had to move away from my bedroom and go into the living room to sleep assuming that maybe whoever lived upstairs was doing work. I met up with one of the residents that lives here, she came in and listened for herself and said it may be the elevator. I report it to the maintenance man last Saturday and he was not able to come in until today to check it out. He confirms it is coming from the elevator and that there is nothing he can do. Apparently, all of the residents on this side of the building hears it too. I live in a building with mostly elderly people and I find it hard to believe that they have gotten used to noise as loud as this. It is the equivalent of the loud noise you hear when someone starts up their motorcycle right next to you, but in bed where you are trying to sleep. You will hear it every time someone goes up or down the elevator.

What are my rights? Is there anything I can do here? This was not disclosed to me at all. Yes, my room happens to be next to the elevator, but this was not something I was aware of nor heard with the many times I've visited this place before I decided to purchase.

you can run for the board and make it your agenda to fix it at best price. Get multiple quotes, go to library and read up on elevators, inspect it your self with maint man find out insurance ramifications etc.

It aint a rental. You own part of the building now. Kinda like a women at our annual meeting who said their is a pothole in front of my unit so fix it and she had to educate her she is not a landlord a fellow owner and the owner needs to do research, get back to management company and board and then get treasurer to review options and then we will fix it.

Turns out pothall was right at entrance to her units driveway and town owns that asphalt so she put a request to town to fix and problem solved.

BTW that elevator could be an expensive repair. Repairs in my building over a certain amount that are non-emergency repairs need 50% of building to vote yes to repair.
Condos are funny.

[mrviking]

You could try to hang a "Out of Order" sign on the elevator before going to bed. Worth a shot!

[Pinballdad]

Sandy gave you good advice. Get on the BOD and try to convince other members to ally with you on this cause. Then push it forward with the other building owners. Your only choice. Unless it is a safety item, you cannot demand it gets fixed. Oh yeah...yes elevators are expensive. My building finally is tired of paying annual maint on ours from a 1972 constructed building. We are now replacing. $125k for each one. We had to do special assess. to get the money for one. Next year we will do the other.

GL

[brienzi]

First of all, sorry to hear of ur circumstances. Secondly the advice of getting on the BOD is not a simple task as some may suggest.

Your plight may take years to correct as old elevators that are passed on inspection every year are not a priority with most property owners, no matter what the noise or other things that r happening, as long as they pass by local inspector's and certified ur pretty much screwed and I don't mean that in a rude way.

If it's a trully old elevator ur best course of action may be to see if up to dda
certified with the local building dept. as that may shake some trees. Good luck either way and shaking up the board to correct the situation, use all means necc as people who sit on those types of boards don't relinquish power easily. Good luck.

[brienzi]

Also I want to add that if your elevator is up to code your best course of action instead of getting on the board is getting your fellow tenant's who hear the same noise to get together and pressure the current BOD for action to correct the situation. People in numbers can make a difference than one person alone.

[bman2011]

Thanks all. It seems involving other residents is the best course of action right now. Hope to have some good news in a month or two from now.

[JasonAnc]

I'm not a realtor or an attorney, but it sounds like this could potentially run afoul of a seller's legal obligation to disclose property conditions and material defects which would be reasonably expected to affect value or livability of the property.

For example, on a boilerplate "Condominium Disclosure Statement" form provided by the Fl Association of Realtors to be completed by the seller.

Check out 2b...

C. COMMON ELEMENTS...


...2. STRUCTURE-RELATED ITEMS:
Are You Aware:
a.
of any structural damage to the condominium building or roof which may have resulted from events including, but
not limited to, hurricane,
fi
re, wind,
fl
ood, hail, landslide, or blasting, and which materially affect the value of the unit?
NO
❑
YES
❑
b.
of any damage to the amenities and/or any other common element that materially affects the value of the unit?
NO
❑
YES
❑
c.
of any improvements or additions to the common elements that have been constructed in violation of building
codes or without necessary permits? NO
❑
YES
❑
d.
of any active permits on the common elements which have not been closed by a
fi
nal inspection? NO
❑
YES
❑
e.
of any special assessments to correct any damage to the condominium building, roof or common elements?
NO
❑
YES
❑
If any answer to questions 2a-2e is yes, please explain:

http://www.yourhomeourpriority.com/s...Disclosure.pdf

The law itself...
Statutes & Constitution :View Statutes : Online Sunshine


You either signed this sort of form, and can see if it was disclosed or not, or none of this is real and Google just made me look like a complete arse.

[MNothstine]

The disclosure from the previous owner is your only real recourse and that will end up being a subjective issue as i'm sure the previous owner had no issues with the noise (unless maybe under oath)

We work everyday with owners, BOD's, and elevator companies in addressing elevator sound control.

Generally unless there are a number of residences complaining you'll experience the inaction you're getting from the board. Or leads into "who is going to pay for it?"

Most often the core root of the problem is the architectural design and/or construction contractor.

Mod edit: Advertising is not allowed on this site.

[bentlebee]

Sorry to hear about the bad experience. Elderly people overall have not the best hearing, especially when you compare it to younger people although the latest news is that due to the head phones many young people will be getting or already having hearing issues.

Sound is not something that needs to be disclosed since that is something that is considered to be something that you could have noticed and is not a hidden defect since someone else may not be bothered by it.

If the elevator is not working correctly then it needs to be checked out and owners can demand that from the Association to be checked. If there is a defect it may become even a different kind of violation or the fire department may want to check if the elevator is safe. I'm not sure which departments are overseeing an elevator but there are probably a couple of them who can help out if nothing else will work.