Legal Question in Real Estate Law in California
Noisy neighbours
I live in a downstairs condo. I own my condo. In the condo unit directly above me there are tenants that include one young woman and her two children (age 7 or 8 years.)
I have a serious problem of pounding on my ceiling from the woman and children who directly leave above me. This is a everyday problem. These people make thumping and pounding noise on my ceiling. I have called police many times. I have also complained to home owners association. Nothing has worked so far. HOA told me to record the noise and I did on a video camera and sent to HOA. HOA says that is not loud enough. I recorded the best I could but noises coming from my ceiling does not get recorded that well. My peace of mind is greatly disturbed. I have tried to talk with the noisy woman, but she is rude and insulting. She dosen't give a damn. I am very frustrated and thinking about renting my place and live in another place. But the current rent and real estste prices are very high.
What are my options?
2 Answers from Attorneys
Re: Noisy neighbours
The trouble with recording noise is that most methods record the nature and character of the sound but leave no clue as to its volume, as recorded. The as-played-back volume can be set higher or lower than the original. You probably need to use some kind of sound-measuring device to get the noise level in decibels. Used properly, this would give you "admissible evidence" for the HOA. Otherwise, your recordings are almost meaningless because there is no necessary relationship between the as-recorded and the as-played-back amplitude.
Re: Noisy neighbours
Hire a lawyer to prepare a stong worded letter to the neighbor and to the HOA board of directors. Otherwise, you can deal with it, file a lawsuit, or talk to the neighbor and try to work it out. That's about it.
Let me know if you would like our help in this regard. I'm VP of my HOA board and know these issues.
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