2021-12-29
If you're on the board for a homeowners association or condominium management, you're probably familiar with resident complaints and HOA management problems. You've likely seen the demands and complaints homeowners will give about their neighbors, including noise complaints.
It's crucial that your homeowners association has policies and procedures in place to deal with these types of complaints. If homeowners do not feel like the homeowners association board is handling the situation properly, they may even take legal action or move out of the community. HOA boards can follow these tips for handling noise complaints the right way!
What Is Noise?
It's more than a barking dog or loud party. Nowadays, many homeowners live in condos and deal with either an upstairs or downstairs neighbor creating disturbances that interfere with their lifestyles or other types of noise. Whether it's children running around at night or loud music, homeowners are unable to escape disturbances caused by their neighbors.
Common noise complaints can include loud children, noisy upstairs neighbors, barking dogs, parties that go on after quiet hours, loud cars parked in the wrong places, or loud televisions or music.
What Are Nuisances?
A nuisance is defined as an activity that impedes a homeowner's right to quiet enjoyment under the law. This can cover any condition considered offensive or dangerous, in addition to activities that breach federal, state, or local laws--and nuisances aren't limited to noises. For example, issues like cigarette smoke in non-smoking buildings or a condo owner's garbage piling up to create a strong odor can qualify as nuisances or "noise" complaints.
Homeowner associations can create rules prohibiting nuisances, and they must respond appropriately to complaints. When homeowners feel their rights are being violated regarding noise or nuisances, they may file a legal complaint.
How Can HOAs Handle Noise Complaints?
Having policies in place is essential for all homeowners associations boards to handle noise complaints off the bat. These policies must identify what homeowners should do if they are disturbed by a nuisance or noise. The homeowners association must also have the authority to uphold its rules, meaning an HOA board must be able to handle the disturbance (or know when it's time to call law enforcement to handle a situation that's escalated beyond a friendly neighbor complaint).
There are a few ways HOAs can handle noise complaints depending on the issue.
Verify the Complaint
Some condo associations have "serial" complainers. They complain about every noise and small disturbance, even when nothing is wrong or no one breaks a rule. Before taking action against the resident who is the target of the complaint, HOA boards should verify the complaint with the complainer and the one who is creating the disturbance.
Just because a homeowner is annoyed by a neighbor's music or other activities doesn't mean it's a violation unless it breaks the rules in the association's governing documents.
Determine if Board Action Is Needed
In other instances, a complaint from a resident doesn't (and shouldn't) require board intervention. Sometimes neighbors argue. Unless they're arguing over something that breaks the community association's rules, they should work it out amongst themselves. Your board shouldn't intervene unless they find a violation that requires board intervention.
Review the Complaint and Respond According to the HOA's Bylaws
Your condo association's bylaws and governing documents should clearly outline anything that qualifies as a noise or nuisance violation, along with the appropriate action the board can take. First, make sure the complaining tenant has submitted the problem in writing. Review the complaint with them, then talk with the homeowner committing the noise or nuisance situation.
In many cases, involving the board to speak with noisy neighbors is all it takes to resolve an issue and prevent it from happening again. However, sometimes homeowners refuse to admit they're causing a problem or change what they're doing to stop the noise or nuisance issue. If that's the case, the board must act appropriately and fairly according to the association's rules.
Make sure any action the board takes is put in writing and set to the offending resident to document the attempted resolution. HOA board members should also follow up with the person who made the complaint to let them know you've addressed it with the other neighbor.
What Happens If Residents Don't Comply?
Unfortunately, even when applying penalties outlined in the HOA rules, some residents won't turn the music down or stop their dogs from barking at all hours of the night. When residents don't comply after attempting to enforce the rules, it could be time for legal action. Board members should work with the homeowner association attorney to review the situation and proceed appropriately.
Enforce Noise Rules Fairly With HOA Management Services
Dealing with noise and nuisance complaints isn't an enjoyable aspect of being on your condo owner association board, and we know you want to enjoy living in your community just like the residents you serve! To reduce stress and improve compliance with the rules, many HOA boards turn to a professional community management company like Trestle Community Management. We're here to help association boards establish and enforce rules while preserving relationships in the community. Reach out to learn more about our services!
What else should HOA board members know about operating their associations? Find out when downloading "Best Practices for HOA Operations: A Checklist!"
