Legal Question in Real Estate Law in Illinois
Our downstairs neighbor have been creating excessive noise for 5 months including fighting, slamming doors and blaring stereos and tv (leaving the tv on loud for over 48 hours). We have talked to her and then started working with our condo board to control the noise, because she wouldn't work with us and yet it continues. We have documented the issues for the past 5 months and requested a sit down mediation with her but she refuses. 'It's my space, I'll do whatever I want.'
Can we sue? The risk of a fine was the only thing that stopped her from leaving her garbage on the porch rotting for weeks, we think the risk of some sort of financial penalty for noise might do the same?
2 Answers from Attorneys
Have you involved the police? If you have not, you need to start calling the police when the fights start and when the noise level escalates. Having the police show up a couple of times may force your neighbor and/or the condo board to act.
It would appear that you have a good-for-nothing condo board. Most HOAs have rules re: the conduct complained of. You do have a remedy in civil court, but you are going to have to pay a lawyer to represent you. Good Luck.
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