Do Homeowner Associations help people with noisy neighbors? (tenant, appraiser, agents)
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Status:
"I don't understand. But I don't care, so it works out."
(set 2 days ago)
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Can you be more clear about how often this is happening?
Is it like, a half hour in the early evening? In which case, I kind of think that's sort of what you put up with in a townhouse.
If this is some kind of obsession, maybe an autistic person, bouncing the ball against the wall from 4 p.m. to 11 p.m. nonstop, that's a different thing.
It seems the person bouncing the ball could do it on the end wall, where they don't have an adjoining neighbor.
I'm curious about those who said you could be sued for not disclosing this. If this is a suable offense to not disclose the neighbor's irritating behavior, the neighbors themselves are suable for doing it. This isn't like you knew there were termites. You knew there were these ANNOYING neighbors, and if the buyer sues you, the court would ask well why aren't you suing the people doing this?
NO, typically the HOA can not do anything about noise. You would need to call the police on them. The HOA is there to make sure the rules in the bylaws are obeyed and that's typically for things like what you can and can't do to the property.
Unfortunately this is the type of things you will deal with living in a condo, townhouse or duplex.
Even if noise is mentioned it is hard to enforce. Dogs bark, children play, some cars are loud, some people are hard of hearing. You can have the same problems in a single family home.
Some people just like to complain. They think any noise should be stopped. Life doesn't work that way.
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.
WRONG!!!
The HOA corporation is an entity completely separate from the homeowners - and separate from the developer (although it will be developer controlled until such time as the developer wishes to yield control). The purpose of the HOA corporation is to shift liability onto the homeowners and to shift control away from the homeowners.
The HOA corporation (in virtually every case) was created by the developer and for the primary benefit of the developer, his financier, local government, and the vendors. The "homeowners" weren't at the table when the restrictive covenants imposing involuntary membership in the HOA were created. The developer had unilateral control of the HOA until the developer chose to give it up.
You can make foolish statements to your heart's content. Don't be so absurd as to suggest the "the HOA is the homeowners". That's a patently false statement. The homeowners are but involuntary members of the corporation. The HOA corporation is an entity separate and apart from the homeowners - even in your state.
As far as short term renting is concerned - if there is a restriction against it then YOU can enforce it yourself. There is no HOA needed. If there is no such restriction then an HOA has no business being involved. Again no reason for an HOA. If the other landowner (or tenants) were engaged in illegal activity again you have the ability to contact local law enforcement yourself. HOAs are not governments. The HOA corporation agents are likewise limited to contacting local law enforcement.
The HOA corporation is an entity completely separate from the homeowners - and separate from the developer (although it will be developer controlled until such time as the developer wishes to yield control). The purpose of the HOA corporation is to shift liability onto the homeowners and to shift control away from the homeowners.
The HOA corporation (in virtually every case) was created by the developer and for the primary benefit of the developer, his financier, local government, and the vendors. The "homeowners" weren't at the table when the restrictive covenants imposing involuntary membership in the HOA were created. The developer had unilateral control of the HOA until the developer chose to give it up.
You can make foolish statements to your heart's content. Don't be so absurd as to suggest the "the HOA is the homeowners". That's a patently false statement. The homeowners are but involuntary members of the corporation. The HOA corporation is an entity separate and apart from the homeowners - even in your state.
As far as short term renting is concerned - if there is a restriction against it then YOU can enforce it yourself. There is no HOA needed. If there is no such restriction then an HOA has no business being involved. Again no reason for an HOA. If the other landowner (or tenants) were engaged in illegal activity again you have the ability to contact local law enforcement yourself. HOAs are not governments. The HOA corporation agents are likewise limited to contacting local law enforcement.
Here we go again.
NOPE, 100% WRONG ON YOUR PART.
You argue with yourself in the first sentence. "Until the developer wishes to yield control".
CONTROL. YEP. Within the scope of the municipality/state/fed laws, and covenants/restrictions the HOMEOWNERS can pass any bylaws they want. They ARE the HOA, they CONTROL the HOA, they FUND the HOA reserves, they PAY the management ....etc etc.
NO, for example they can't pass a noise decibel bylaw because the TOWNSHIP can't even measure that. PER the police. Which is why so many HOA bylaws have some ambiguity.
For example, they cannot age restrict the community without following the HUD laws but they CAN chose to do so if they wish. NO DEVELOPER or "local government" or "vendor" has any say in the decision. You can't make it "ONLY UNDER AGE 40" for example because that violates federal law which only protects senior class.
LOLOLOL Of course the HOA was created by the developer until they sold enough units. The HOA is comprised of the homeowners. The developer turns it over to the homeowners when they reach approximately 70% sales occupancy. It's a LEGAL turnover. I don't even know WHAT you're trying to argue, TBH.
The vendors? LMFAO. What vendors? The guys who do the landscaping? Uh, no. EVERY vendor is chosen by the homeowners, for goodness sakes.
Local Governments? Uh, nope. They only care that a community is built according to their stupid growth restriction requirements and the covenants are maintained for the land use..
LEGAL TEST: By law, IF the homeowners chose to dissolve the community as an condo HOA, and sell it THEY get the revenue proceeds for the sale. Same even if you dissolve a non-condo HOA and there is money sitting there.
REGULAR HOA: Title to the HOA-owned portions of the development must usually be transferred to another legal entity when the HOA is dissolved, or else divided among individual homeowners.
You might be able to sell these assets to an investor willing to take over maintenance responsibilities. Most investors will expect a reasonable profit in return.
Couple of options, wait them out and they leave, or you leave.
Police will not do anything with a noise ordinance because it can not be heard outside or over a certain decibel. Their answer will be, it is a civil matter, not criminal.
HOA with nothing in the covenants/restrictions they have no power, even if they did the people would not care. Then you are right back to it's a civil matter.
I'm sure you could find some lawyer to write a cease and desist letter but really not sure if anything could be done past that, over a ball on a wall. You pay a lawyer enough they could come up with some creative ways but $$$.
Sorry but your kinda stuck on this one.
Not stuck. Contact an attorney. You can file a lawsuit about anything. You can ask for damages, and they will have to appear in court.
Start with talking to an attorney, because they will give you options. The first might be a letter from the attorney advising them they need to stop the noise, or this will become a legal matter. But again, start with the attorney who has dealt with real estate law, called a real estate attorney. Too often people don't contact professionals to get a problem resolved, because they listen to people that tell them there is nothing they can do and they are stuck.
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!
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This is why the OP needs to consult a real estate attorney.
Choices of my neighbors? What does that mean? You don't like the choice of color of their hair, so you moved, you think you need to disclose that?
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.
Quote:
... neighbor who keeps throwing a ball against the wall...
If you read ordinances regarding noise they can be different depending on where you live because they define noise differently.
Regardless, if there is a noise that is bothering you. It doesn't matter the time or day, or duration, just that it is bothering you, visit your police and start asking for their assistance on how to handle it. Having a police officer come to your door is taken seriously by most people.
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The HOA is comprised of the homeowners. The developer turns it over to the homeowners when they reach approximately 70% sales occupancy. It's a LEGAL turnover. I don't even know WHAT you're trying to argue, TBH.
