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Chiluvr, I can't tolerate a bass sound either. Effects my inner ear and makes me nauseated. A thought. See if it's actually from a vehicle parked near your place. Maybe even with lights off. Go outside and see what you can find.
It is the worst thing to have to listen to for hours and hours every friggin day. I feel like I will go crazy if they can't find out where it's coming from. I don't hear it outside, only in every room in my unit. I know it's not the people upstairs and I doubt it's anybody outside in a vehicle as this is a gated community and if they were in a car somebody would be complaining. Yesterday it went on from the time I got home at 3:30 p.m. till I went to bed about 11:30. While management is always very good about issues, this time they are dropping the ball.
If they can't identify and correct this I'm going to have to see a lawyer about breaking my lease because I am not tolerating this for another 5 months and 11 days.
HAHAHA how do you think the board becomes the board?
VOTED IN BY THE HOMEOWNERS!
You mean those that were allowed to run for office were [s]elected by those allowed to vote.
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Originally Posted by runswithscissors
Make all the personal attacks you want.
You are legally wrong.
You are legally incompetent.
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Originally Posted by runswithscissors
There is NO PHANTOM "corporation" who can legally override the homeowners when they are in the majority.
The HOA is the corporation. It's quite out in the open, nothing phantom about it.
The only homeowners "in control" are those sitting on the HOA corporation board, not the rest of the members.
Since you brought voting up, there is no right to vote or run for office concerning HOAs in most states. Voting privileges can be suspended/removed by the HOA board. Not much of any type of "control" by the plebian homeowners.
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Originally Posted by runswithscissors
I suggest you take a class in what a corporation is.
I suggest you look yours up at your state's secretary of state (or whatever the equivalent is in your state). You do not seem to understand that your HOA is a corporation and that it is an entity separate and apart from the homeowners.
[quote=emm74;48211110]Ooh, gotcha! I'm sure that's what you were thinking. Except not. A corporation is just a legal business structure and yes, once the developer transfers control, the homeowners are in fact in control. They are the shareholders, they elect the board (who are also homeowners in the community), and if a majority want, they can amend the bylaws or covenants. They can also kick out a board if they feel they aren't acting in the best interests of the majority of owners. There is no "shifting control" away from the homeowners to some scary corporation.
Quote:
Originally Posted by emm74
And actually, there is a benefit to having an incorporated HOA, which is to protect the individual owners from personal legal liability for the actions of the HOA or another individual homeowner. It's also a legal entity for tax purposes, and for the purposes of entering into contracts to benefit the HOA as a whole, customarily for things such as hiring a management company, landscaping, snow removal, building maintenance, etc.
Begs the question of why you have an HOA.
The homeowners have no legal liability for the actions of an HOA if one does not exist and they certainly do not have liability for the actions of another homeowner.
The fact that it is a legal entity - well at least you recognize that but it's pretty clear you comprehend that but then you seem to retract when you claim it does so for the benefit of the "HOA as a whole". Replace "HOA" with corporation and see what you are saying. Certainly it is not there to benefit the homeowners. That "contracting" ability is how the developer saddles homeowners with liabilities and shifts control away from homeowners. You don't need a management company if you don't have an HOA. You seem to be referring perhaps to a condominium structure. Condominiums are a creature of statute and have an involuntary membership organization as a matter of statute in every state. This thread was directed to HOAs.
Your legal analysis misses the point that the homeowners homes are security for the financial liabilities of the HOA corporation. The HOA corporation might be the one doing the borrowing or running up costs, but your home is on the hook for that. So it's somewhat misleading to claim the homeowners have no "personal legal liability for the actions of the HOA". In the regular corporate world your legal and financial exposure with respect to third parties involving a corporation you are a shareholder of is limited to the dollars you invested in the shares purchased. You own the shares and you have no obligation to invest a dime more into the corporation. In an HOA corporation, however, your home is the share that you can lose AND you have an ongoing financial liability to pay for whatever debts and expenses the HOA incurs or runs up. There is no other corporate environment where the corporation spends its existence attacking and threatening its own members. Management companies have latched onto the involuntary membership and perpetual lien aspects to entangle all sorts of junk fees.
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Originally Posted by emm74
And no, the HOA is not a government, but many of them have rules in place regarding rentals, which would have a been a resource to deal with that particular homeowner, and advise them that they were in violation of the CC&Rs and have them follow the rules in place regarding renting out their home.
Why should a private entity that has no ownership interest in the property be involved in rentals or private contracts between owners and those owners' renters?
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Originally Posted by emm74
But unfortunately, none if this helps with the OP's issues, because it's almost certain that there are no explicit rules against the kind of noise and disturbance they are dealing with. As I mentioned before, there are no rules to make people use common courtesy.
Correct. The HOA and involuntary membership in it are not features put there for the benefit of the homeowners and that was the point of the post. Even if there had been restrictions in place, there is no need for an HOA. The homeowner would have their own ability to enforce. It's unfortunate that folks have to find out this way but what they've learned is that this type of housing is not suitable for their needs and the HOA does not protect them from squat. They will be looking for detached housing and regret the payments they are forced to make to the HOA where they are in the meantime.
I see the issue as neighbor versus neighbor. The HOA should not be involved.
HOA will NOT get involved in something like this. It's not what their for. In regards to rentals, the HOA can limit the number of rentals or eliminate them all together; however, if there is not a stipulation in the current CC&R than and change would need a certain percentage of votes by the owners to change it.
It is the worst thing to have to listen to for hours and hours every friggin day. I feel like I will go crazy if they can't find out where it's coming from. I don't hear it outside, only in every room in my unit. I know it's not the people upstairs and I doubt it's anybody outside in a vehicle as this is a gated community and if they were in a car somebody would be complaining. Yesterday it went on from the time I got home at 3:30 p.m. till I went to bed about 11:30. While management is always very good about issues, this time they are dropping the ball.
If they can't identify and correct this I'm going to have to see a lawyer about breaking my lease because I am not tolerating this for another 5 months and 11 days.
Have you said whether you recorded the bass beat. Maybe it will make it more real for the mgt.
Also, would be a good thing to have the sound for any legal action. Record more than a bite...so that if someone were to listen to it they could get the impact you get.
It is the worst thing to have to listen to for hours and hours every friggin day. I feel like I will go crazy if they can't find out where it's coming from. I don't hear it outside, only in every room in my unit. I know it's not the people upstairs and I doubt it's anybody outside in a vehicle as this is a gated community and if they were in a car somebody would be complaining. Yesterday it went on from the time I got home at 3:30 p.m. till I went to bed about 11:30. While management is always very good about issues, this time they are dropping the ball.
If they can't identify and correct this I'm going to have to see a lawyer about breaking my lease because I am not tolerating this for another 5 months and 11 days.
Chiluvr, have you seen this CD topic from a few years ago? The guy walked around outside and found the sound extremely loud in a van some distance away. Post #20.
Have no other neighbors complained to the police,not just in your building but nearby?
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.)
I'm so sorry for your situation.
That's why I refuse to consider the purchase of a townhouse, condo, etc. Get stuck with a bad neighbor and you're miserable! At least in an apartment you can move at the end of the lease. OP, I hope things work out for you. Perhaps a sound proof board tacked to the wall, if they use the same spot all the time? Then a tapestry over it? A white noise machine or fan? A For Sale sign?
If it's the kid doing the wall bouncing, catch the kids when he's out and about. Now. I honestly hope it's the kid cause if that's true, that kid will grow out of that phase. When you catch the kid out, suggest a local basketball court or even mention some kids that play there.
You could sound proof your place. There are ways to do it. Or my best idea is get a dog. Once that ball gets bouncing I bet the dog will start barking. It won't take much to get them to stop over there. You could dog watch a friend's dog while they're on vacation or something. . . . Just so you don't have that to put up with just to get rid of another problem.
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