Legal Question in Real Estate Law in California
What can HOA do about noise reports?
Dear Attorneys, I see many questions on this forum asking if there is a way to curb kids running/jumping/pounding in a condo upstairs, and you suggest reporting those nuisanses to the HOA. But what can HOA do in this case? Take a disciplinary action against the condo owner?
The CC&Rs and city noise regulations only refer to noise generated by machinery or audio devices, and not by parts of a human body coming in contact with walls, floors, and ceilings. If CC&Rs and city ordinances do not apply to these situations, can HOA pass a rule that prohibits humans regardless of age to strike walls, floors, ceilings such that it interferes unreasonably with the quiet enjoyment?
Thanks much!!
1 Answer from Attorneys
Re: What can HOA do about noise reports?
Disclaimer: The materials provided below are informational and should not be relied upon as legal advice.
Disturbing noise can be a private nuisance and you can bring a suit against the offending party for damages and for injunctive relief. You should consult your own attorney to protect your legal rights.
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