Noise complaints can be a tough issue to tackle for a condominium association and individual unit owners. Residents should be aware of their condo association’s noise rules and consider what constitutes a reasonable noise complaint. Condo associations can best address noise complaints by ensuring that their noise rules and regulations are clear, practical, and enforceable.
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What Is Reasonable When It Comes to Condo Noise?
On the one hand, condominium associations have a fair amount of freedom to create and enforce their own set of condo rules. On the other hand, the rules need to be reasonable and must relate to the use, enjoyment, health, and happiness of the condominium residents.
Enforcing Condominium Association Noise Regulations
If a neighbor is breaking condominium association noise regulations or violating local sound ordinances, then measures can be taken to enforce those rules. In addition, the association can take action to address reasonable complaints that may not be directly stated in the bylaws.
For example, it may be considered unreasonable for a unit owner to use power tools at 3 a.m. It may or may not be stated in the master deed or bylaws that this specific behavior is not allowed, but the association may take action after a complaint. The unit owner is interfering with the health of other unit owners by disturbing their sleep, and their behavior is unreasonable.
Resolving Unreasonable Noise Complaints
However, if a unit owner complains they hear their neighbor flush the toilet at 3 a.m. every morning, and they demand their neighbor get evicted for such a disturbance, this complaint would likely be considered unreasonable. In this situation, it makes more sense for an association member to suggest that the unit owner soundproof their unit.
How to Determine Whether a Condominium Association Noise Complaint Is Reasonable or Unreasonable
As these examples suggest, you often have to decide what is reasonable to determine whether a condo noise complaint is justified, which means more than finding specific rules in the bylaws. Sometimes — like when a resident uses power tools at 3 a.m. — deciding what’s reasonable can be straightforward. In other cases, making that call is more complicated. How do you determine what is reasonable regarding noise, particularly if the condominium allows pets ? Consider questions like:
- Has the noise issue been going on for a while? If a neighbor is loud for an afternoon, it may make sense to wait and see if it happens again. If the neighbor makes loud noises more frequently, addressing the problem would be more reasonable.
- Is the noise affecting other neighbors, too? If several people or households have the same concern, that impact supports the complaint that the amount of noise may be unreasonable. Sounds that affect several residents, such as those who share no walls with the loud party, are likely more severe.
- Has the noise issue continued even though you’ve attempted to address it with your neighbor?Many people will do their best to reduce or eliminate a noise issue if a neighbor brings it up with them in a friendly way. A formal condominium association noise complaint may be reasonable if a resident cannot or will not resolve the issue.
How Should a Condo Association Handle Condominium Association Noise Complaints?
A condo association and its board of trustees have the power to control and police what goes on inside a unit to the extent such activity creates unreasonable noise that affects the lives of the other unit owners. This policy must be within reason and strive to accommodate all the unit owners in the best way possible. Here’s how condo associations can effectively communicate and enforce condominium association noise ordinances in six steps.
1. Do Your Due Diligence
To avoid confusion among condominium residents, and to ensure the rules can be enforced, the association needs to make sure a noise policy is clearly stated in official documents.
According to Massachusetts laws covering condominiums , rules intended to “prevent unreasonable interference with [residents’] use of their respective units” must be contained in the master deed or in bylaws . Examples of these rules include restrictions and requirements regarding unit maintenance and the use of common areas and facilities. If the rule isn’t documented clearly in either of those places, it will be significantly more difficult to enforce such a rule in court if a serious dispute arises.
When forming condominium association bylaws and guidelines, make yourself familiar with the relevant condominium laws and incorporate them into your documents. Condominium association apartment noise regulations should also include reporting instructions and violation procedures for addressing complaints. Enforce these rules fairly and consistently. Review your rules each year and make adjustments when necessary. For example, when local ordinances change or the condo has a recurring issue, you can update the rules to address needed changes.
If you need assistance understanding Massachusetts condominium laws and the condominium association’s rights and responsibilities , contact a knowledgeable attorney at Calabrese Law Associates today.
2. Communicate Noise Regulations
Ensure all community members are aware of the condominium association’s noise policy. When moving in, each unit member should receive a document with all condominium association rules, including the noise regulations. If any members violate the policy, promptly inform them of their mistake while maintaining a respectful and courteous tone.
Not everyone living in or visiting a condominium complex will read the bylaws, so it can be helpful to post noise rules in common areas, too. For example, if there have been issues with people making noise while using pools or patios late at night, the condo association could post signs reminding residents and guests about quiet hours.
Since these signs would refer to rules listed in the bylaws, they would be more effective than posting an informal list of suggestions or preferences. You can also use workshops or resources to share conflict resolution tips and remind community members of respectful neighborly behavior.
3. Verify the Complaint
The association should ensure th at condominium association noise complaint s refer to incident s that violate the bylaws or are otherwise justifiable. When receiving a report, act quickly to prevent conflict and tension from escalating among community members. Ask the person making the complaint for evidence of the noise. They can do this by recording the date, time, and nature of noise disturbances. You may then approach the person suspected of making the noise and hear their side of the story to verify the complaint.
4. Send a Notice
If the condo association must enforce its noise policy, it will usually start by issuing a warning. This initial communication can often resolve an issue before more serious steps are necessary. Your notice can be a verbal or written request to stop the noise. It should include the complaint the association received about the community member and a reminder about the condo’s noise rules and policies.
5. Offer to Mediate
If the warning does not solve the issue, consider mediating the situation. Both sides of the dispute should be present with the condominium association board members. Here, you’ll listen to both sides of the story and propose a solution that is fair for both parties. Sometimes, a third-party evaluator can help provide a neutral perspective. If you do not have a neutral third party in the association, a condominium association attorney can offer legal guidance and dispute resolution options.
6. Issue a Fine
If a warning and mediation are ineffective, the association may have the power to issue fines to enforce rules set out in its bylaws or master deed. If an owner refuses to pay those fines, the association may be able to place a lien on the unit. If the owner does not pay the lien, the association may have the right to begin foreclosure proceedings. At each stage in the process, the association must keep records of its actions and communications — and of the unit owner’s responses.
Why Trust Calabrese Law Associates
Does your condominium association need help enforcing condominium association regulations or resolving condo-related disputes? Calabrese Law Associates is a law firm in the Greater Boston Area of Massachusetts specializing in condominium law issues. Our attorneys know the latest Massachusetts condominium laws and condo bylaws, allowing us to help clients resolve complex problems with effective strategies.
If you are still learning about condominium association rules, our lawyers may also explain your association’s rights and responsibilities in more depth. We can help ensure consistency and accuracy across all governing documents and procedures.
Our extensive knowledge and experience also allow us to assist with dispute resolution and mediation. We listen to your unique situation and best interests to form practical solutions for a fair outcome. Beyond condominium law, our firm has many other practice areas, such as government and regulatory practice, construction law, investment law, and real estate law.
Contact Calabrese Law Associates for Condominium Association Noise Complaints
To learn more about condo rules and laws regarding noise, contact one of our condominium lawyers at Calabrese Law Associates for assistance.
This publication and its contents are not to be construed as legal advice nor a recommendation to you as to how to proceed. Please consult with a local licensed attorney directly before taking any action that could have legal consequences. This publication and its content do not create an attorney-client relationship and are being provided for general informational purposes only.
Attorney Advertising. Prior results do not guarantee a similar outcome.
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