The duties of a Homeowners Association are commonly wide-ranging and include decisions on when to make repairs, improvements, and additions. Associations also establish rules and regulations to control aesthetics and unwelcome behavior. Among the common rules and regulations are noise ordinances that help keep association members from annoying neighbors with loud footsteps, barking dogs, or music.
A noise complaint is often referred to as a “nuisance complaint.” That type of complaint is usually an activity that unreasonably interferes with the use or quiet enjoyment of another resident of their separate unit or exclusive use common areas.
What Causes Noise Complaints?
The most common complaint in relation to noise is usually caused by hard surface flooring. When surfaces such as wood, tile, or stone are used, it can amplify noises related to walking, moving furniture, exercise regimens, and play activities. If your association is one that has units stacked on top of each other, this could be a major problem. Most associations have moved to using carpeted flooring to buffer noises from neighboring units.
Another frequent cause of noise complaints to an HOA board are the sounds that come from a parking lot. Cars, motorcycles, and trucks can be noisy. No one wants to be woken by the sound of a revving motor or screeching brakes.
Then there are also noise complaints that center around general living noises such as: barking dogs, noisy televisions, and parties. These nuisance events could occur regularly or could be “one-offs.”
What Can You Do About A Noise Complaint?
Unfortunately, noise is something that is somewhat difficult to define, and even harder to prove. Often, if a complaint is made to an HOA that involves only one neighbor, the situation could be a neighbor-to-neighbor conflict. If numerous complaints are filed with the HOA about recurring noises, then the board can usually act.
The first action an association member should take is to ask the person creating the noise about the situation in a calm and rational manner. It is highly possibly the person may not be aware that the noise is disturbing other association members.
If an association member doesn’t feel comfortable doing this s/he should then ask the board for clarification about the noise ordinances. Often the board will put out a reminder about loud cars, parties, and common area noise to the entire association before taking action against a particular unit.
If the noise issue does not get resolved, the board and the association members may request mediation. Here is where things get tricky. Does the noise ordinance proclamation supercede the local or municipal ordinances regarding noise? Each area is different, so you will need to check with your board to see how it works in your area.