Please register to participate in our discussions with 2 million other members - it's free and quick! Some forums can only be seen by registered members. After you create your account, you'll be able to customize options and access all our 15,000 new posts/day with fewer ads.
I bought a townhouse last year and now we hate it. Why? Because of a neighbor who keeps throwing a ball against the wall we share with them nearly every day, day and night. I assume it is one of the kids who live there.
I have gone to the neighbors and complained and they just stare at me and slam the door. They are really rough looking. Talking to them is not going to work.
I thought about the homeowners association but looked at the paperwork and I see nothing about noise. The police will come by if it is noise that leaves the house, like a loud stereo, but they told me nothing can be done if the noise does not impact other neighbors too. Crazy.
I am afraid if we complain to the homeowners association then we will be at risk of physical harm or vandalism from these rough looking neighbors.
Anyone here have experience with working the system with noisy neighbors in a townhouse community?
(Both of us own our homes.)
This is the potential risk with buying a townhome. You have to share a wall and unless you want to remove your sheetrock on that wall and put in soundproofing material, you can make it better, but not fix it. You can try some of the acoustic boards for that wall to see if it will help.
I was curious about your situation and "googled" the question: Can I take a noisy neighbor to small claims court? There are several good results but try this one....What to Do About a Neighbor's Noise - FAQs - FindLaw
Last edited by bbronston; 05-18-2017 at 03:51 PM..
Why does everyone think the HOA is actually there for their benefit?
The HOA is there for the benefit of the developer, local government, and the HOA vendors, not you.
Anyone using the pseudonym "lots of money" should spend a little in hiring competent counsel rather than seeking opinions from anonymous internet posters. If you don't want to spend money on counsel, you could also perform additional research to see if you can pursue a claim in a justice or small claims court where you live.
Here's the thing. If you file official noise complaints, they are on record. If you sell the place and do not disclose the noise, you can be sued by the buyers later. This has actually happened, though in the case I know of, it concerned loud party neighbors.
...
Please tell me this is not true! Please tell me that if I move because of the choices of my neighbors, that I am not responsible for disclosing the choices of my neighbors lest I be sued!
Actually the sound of a ball bouncing on the wall, will not really exceed the volume of noise that will be allowed by law in a noise ordnance so it is not against the law.
It is not that the volume of noise is so high, but the irritation factor of the ball bouncing off the wall that bothers you. It is I am sure a nerve irritation and is upsetting to you.
Things like this, are not regulated by law so that the HOA and the police can do nothing about it. Just as the other poster with the trampoline problem. In that case it is children doing normal play activity in their own yard, and it is not illegal for children to play and enjoy themselves. When they do, they are going to make some noise which may or may not irritate some neighbors.
These types of things happen when people live close beside each other in neighborhoods. And we have to realize, a lot of things like this cannot be stopped by a HOA or even the police. This is one reason, there is tension in many neighborhoods, and there always will be.
Those type of problems, may only irritate a small portion of people who want near absolute quiet. If that is what you want, then you need to acquire a home with enough distance from neighbors that the neighbors do not bother you. We live on 5 acres across the the county road dividing the best area of the small city from the county. Our lane back to our house is 500 feet, and we are about 300 feet from the closest homes on 2 sides, and a 300 acre field on the other 2 sides. One thing we like about this arrangement, is most noise is far enough away that it does not irritate my wife and I (both in our late 80s). We have views of the Rocky Mountains 96 miles away that are fantastic. Our home is a 3,700 sq. ft. custom home, with 4 levels. We cannot climb stairs any more, so we installed 3 chair lifts to take us between floors. We have a house keeper come in 3 days a week, and a handyman take care of outside problems, mow our acre of landscaped yard, keep the big trees trimmed, etc., and once a month mow the other 4 acres of pasture using our tractor mower and other equipment. This is the cost we are willing to pay to have quiet and privacy. When the teen age boy about 400 feet from our house starts up his hill climb motorcycle, and practices in his back yard as he goes to competition and plans on making racing on the circuit his career, it bothers some but not much due to the distance to his home and the sound proofing built into our home when it was built.
In a town house with families, and/or living in a family housing tract, there is going to be noise that irritates some people, but it is legal as the sound level is below what is considered excess noise under laws. That is a problem for many people, when they live real close to others in an apartment, a townhouse, or in a family housing tract with children playing outside. The unfortunate thing is, there is nothing you can really do about it, except complain.
We have considered selling and moving to a smaller 1 level home, but we would have to give up our privacy, view, and put up with noise we avoid here. I have been considering putting in an elevator, which would be much easier and safer than our chair lifts, so we can continue to have our privacy and live in our home the rest of our lives.
I feel sorry for you, but other people have rights, and with children involved there is going to be some noise. That is why many older people live in over 55 communities, to get away from noise caused by children just playing and being children that aggravates a lot of people.
Please tell me this is not true! Please tell me that if I move because of the choices of my neighbors, that I am not responsible for disclosing the choices of my neighbors lest I be sued!
In today's legal climate, you have to reveal a lot of things. Once you are making complaints to police, the HOA, etc., you legally are required to reveal this to any potential buyer, under possibility of being sued. And the buyer will win, as there is official records of your complaints.
Our HOA does not enforce noise complaints, we are to call the police if the noise is breaking any laws. I do not think bouncing a ball against a fence does though.
__________________ ____________________________________________
My posts as a Mod will always be in red.
Be sure to review Terms of Service: TOS
And check this out: FAQ
Moderator: Relationships Forum / Hawaii Forum / Dogs / Pets / Current Events
Please tell me this is not true! Please tell me that if I move because of the choices of my neighbors, that I am not responsible for disclosing the choices of my neighbors lest I be sued!
.
Only if it is officially on the record.
If not--you had no idea there was noise or disturbance issues, and it is not your problem.
You must only disclose the issues of which you are aware and that can be proved that you were aware. Also, don't forget that what drives some people crazy--others could care less. Those screaming kids drove me crazy because I loved hanging by the pool, but maybe others were not bothered, or deaf.
At least, this in Fla. I am not familiar with the RE laws in other states, but imagine there are also various disclosure laws.
In today's legal climate, you have to reveal a lot of things. Once you are making complaints to police, the HOA, etc., you legally are required to reveal this to any potential buyer, under possibility of being sued. And the buyer will win, as there is official records of your complaints.
Quote:
Originally Posted by Enigma777
Only if it is officially on the record.
If not--you had no idea there was noise or disturbance issues, and it is not your problem.
You must only disclose the issues of which you are aware and that can be proved that you were aware.
At least in Fla. I am not familiar with the RE laws in other states, but imagine there are also various disclosure laws.
Wow. Too late for OP, but it would seem that if an issue would be enough to get one to want to vacate, better put up the For Sale sign rather than to seek (official) resolution, and hope the neighbors behave during house showings.
Why does everyone think the HOA is actually there for their benefit? The HOA is there for the benefit of the developer, local government, and the HOA vendors, not you.
Anyone using the pseudonym "lots of money" should spend a little in hiring competent counsel rather than seeking opinions from anonymous internet posters. If you don't want to spend money on counsel, you could also perform additional research to see if you can pursue a claim in a justice or small claims court where you live.
The HOA is the homeowners, not the developer or anyone else. If a majority of owners don't like something about the rules they all agreed to live by, they can change them. You don't like HOAs, fine, but don't make false statements. I don't even life in an HOA community any more, but occasionally wish I did, like when a neighbor was illegally running an airbnb and rented it out to a drug dealer. The police got involved but an HOA would have been able to act much more quickly to put a stop to the short term renting before it even got to that point.
Please register to post and access all features of our very popular forum. It is free and quick. Over $68,000 in prizes has already been given out to active posters on our forum. Additional giveaways are planned.
Detailed information about all U.S. cities, counties, and zip codes on our site: City-data.com.
Please register to participate in our discussions with 2 million other members - it's free and quick! Some forums can only be seen by registered members. After you create your account, you'll be able to customize options and access all our 15,000 new posts/day with fewer ads.
