Legal Question in Landlord & Tenant Law in California

I own a condo and live on the middle floor of the building. The people above are constantly having people over and have kids running as late as midnight. My husband has asked them to be considerate, we have complained to the HOA, even called the police. Nothing has helped. This happens sometimes as often as three times a week and I can't come home from work without having the ceiling above me shake with the running children and stomping party goers.

What legal rights do I have in this situation. Can I sue the HOA for not following through on the issue? Is there any way for me to sue the owner of the unit above for neglect? When he is asked to keep his guests noise to a minimum he tells the HOA he can't control his guests and they do nothing to enforce the rules. At this point it is affecting my health, I can't sleep at night and it is adding unecessary stress to my life.


Asked on 12/05/09, 3:37 am

1 Answer from Attorneys

You need to look at your HOA documents. If they are not enforcing a noise or "quiet enjoyment" provision of the CC&R's or other HOA documents, then you can sue for a court order that they enforce the provisions. With or without the HOA involved, however, you can bring a nuisiance suit against your neigbor and ask for damages and an injunction. Without knowing what evidence you have and what it would prove, I can't tell you whether or not you'd win either case, but those are the cases you could bring.

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Answered on 12/10/09, 11:14 am


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