Legal Question in Real Estate Law in California
loud pipes
I recently purchased a condominium and have run into a problem with my neighbor below. He has been complaining to the HOA that he hears water running through the pipes in the walls coming from my unit especially late at night which wakes him up. I know that the water he hears is due to my mother taking a shower or using the sink when she gets home from work after midnight. I have agreed to accommodate his request of having a plumber come out to take a look at the pipes, however I am sure there is nothing wrong with the pipes since they�ve all been replaced recently. Could he take legal action against my mom and I because of the late night shower noise? I feel harassed by him as he continues to call the HOA about this.
2 Answers from Attorneys
Re: loud pipes
That would depend upon what your CC and Rs require on this particular point. Your neighborhood wall being very sensitive is captive by his own condominium. At the same time so are you in you're right, the plumber won't be able to do anything about it other than tear the wall out and try and insulated pipes for sound purposes which is so very expensive. If your neighbor doesn't like the noise, he shares held won't like the walls being torn apart. Yes, he complained to the hoa and depending upon the makeup of the Board, their previous history of handling these kinds of claims if they've ever been made only God knows what they will do and she isn't telling us. I have dealt with homeowners association ports for years and they have great power over the individuals within the association. The key is the CC and Rs. Jack goes out and see if there is anything in your favor. get your bod to an attorney specalized in hoa's immediatly to give you good accurate advice after review of relivant documents. i have been practicing law in this speciality for over 30 years in the san francisco bay area and if you wish to consult with me you can contact me at 925-945-6000.
Re: loud pipes
It is not likely any prohibition from showering at midnight in the CC&Rs. If that is the case they neighbor would not have a good legal position.
Joel Selik
www.seliklaw.com
Attorney/Real Estate Broker