Florida  |  Civil Litigation

Legal Question

Asked on: 7/09/13, 9:56 am

Is there any legal action I can take against a neighbor making false noise claims?

I bought a second story condo about 15 months ago and ever since that time the downstairs neighbor has been making non-stop noise complaints. At first she claimed my dog was barking from 7am-12pm, which I know for a fact was not happening because I was home with him during those times. Once the neighbor realized I was home during those times, she then changed her story to say he was barking while I wasn't home. I thought it was unlikely, but I videotaped my dog and he indeed was NOT barking/whining/crying/etc. Once I confronted the neighbor and told her I was videotaping my dog she stopped claiming he was barking.

About a month later the neighbor posted a note on my door saying that I was so loud it was "disturbing" and since then has been making nearly non-stop complaints in the form of notes and repeated bangs on the ceiling. The times she is complaining about noise though make absolutely no sense as I am either not home or their is no tv/radio/appliance/etc. on at the time. One night for example I was simply reading a book when she started banging on the ceiling. I have asked the neighbors who live on the other sides of me if I am making noise and they all claim it's so quiet they weren't even sure I still lived there! The ironic thing about all of this is that the downstairs neighbor is actually quite noisy herself and is breaking several HOA rules and County laws (nothing serious) but everyone is too scared of her to do anything about it.

The Property Manager said that my downstairs neighbor has complained about everyone who has ever lived above her and not to worry about it. I however am tired of feeling like I have to walk on eggshells in my own home and being falsely accused of actions I am not committing. I am also concerned for my safety as it as recently been brought to my attention that the neighbor has a mental disorder and based upon what I can hear from her condo, she has quite a temper.

I feel like it should be the HOA responsibility to do something, but clearly they are not going to. I know she probably couldn't be charged with anything criminally, but is there anything else that can be done to stop this nonsense before she calls the police or takes me to court (both of which she has done with previous 'noisy' neighbors)?

1 Answer

Answered on: 7/09/13, 10:16 am by David Slater

Does your HOA have a grievance procedure?

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David P. Slater, Esq. 5154 Windsor Parke Dr. Boca Raton, FL 33496

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