Legal Question in Real Estate Law in California

Hello, I am the owner of a condominium in Southern California, I also have an antique motorcycle that I would say is pretty loud, the motorcycle is street legal as registered with the DMV. I have had a couple of others owners/renters come up and say to not start the bike in the complex. My question is, can any legal action be taken against me or can the HOA file anything against me as well. (I have read my D and C but it doesnt go into detail about nuiance or anything like that) If so how do I fight back.


Asked on 9/25/10, 2:30 pm

2 Answers from Attorneys

Street legal noise levels are not necessarily not nuisance noise levels. If the neighbors think it is a nuisance, they can sue you for an injunction under general nuisance laws, and probably the general provisions of the condo rules. Whether they will prevail or not will turn on just how loud it is and also probably what times you start it. A simple way to figure out who would win, however, is if they bring the judge down and you start your bike, is he going to think it is too loud for a residential complex. If so, you will lose, if not you will win.

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Answered on 9/30/10, 3:27 pm
Terry A. Nelson Nelson & Lawless

Any disturbance of the peace or nuisance could result in complaints to HOA and police. Trust me, if the police are called, they will cite you for loud exhaust. The HOA can issue a 'cease and desist' letter, followed up by legal action if necessary. You should be a polite neighbor and keep the 'peace' and quiet to avoid that. Antique or not, you could stick baffles or packing into the muffler. So you don't think I'm a prude, I have a 'built' big block with the biggest quietest Flowmasters available, which friends two cul-de-sacs away say they can hear start up in the morning. When I hit the starter, without throttle, it gives out a burst [which is what they hear] then settles into idle. I quietly idle away, so as not to annoy my neighbors.

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Answered on 9/30/10, 3:29 pm


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