Legal Question in Real Estate Law in Massachusetts
condo association noise control
Within our small condo association there has been a problem neighbor who has caused disturbing the peace on more than one occasion. One of our neighbors has contacted him , but the problem continues. There has been some damage to common area as a result of noisy neighbor. The neigbor 1 who is most affected has called the police. The police have told him that if I as Trustee send a letter to noisy neighbor on behalf of condo association about noise control then he may contact police directly to go out to the buiding. Is there a way of installing noise control clause and what times would it be- weekedays 10p and weekends 12 midnight?What is the law as far as times? Could this clause be added in condo documents with consequences stated if neighbor persists to ignore rules.
Thanks for oyur help!
1 Answer from Attorneys
Re: condo association noise control
You need to carefully review the condo docs (master deed and trust) to determine how to institute new rules and regulations. Typically, the trustees have the power to vote to institute new rules and regulations. The number of trustees needed to pass a new rule should be spelled out in the condo docs. As long as the new rule is reasonable and has been properly brought up for vote, you should be able to define the "quiet" times. As for damage to the common areas, most condo docs contain a clause that the unit owner would be responsible for damage caused by the unit owner to the common areas. The trustees are usually within their rights to charge the unit owner for the repairs and if the unit owner fails to pay, put a lien on the condo.
Again, you need to carefully review the condo docs or have an attorney review the docs so you can determine the rights/powers of the trustees. You want to follow the procedures defined the condo docs when you attempt to pass a new rule or regulation.
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