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What are my rights as a condo owner who has to deal with loud & disrespectful upstairs neighbors who are only renting??
Anonymous5 views2 answers
At least 5 people live above me in a condo with hardwood floors. 3 of the tenants are kids under 10 yrs old. We have tried politely asking neighbors to mind the running, pounding & stomping, but that didnt work.
We have filed complaints with the Association but they wanted police reports for documentation.
The police came out a few times but would never do anything because 'technically' they weren't violating any noise curfew....
It has now been 6 months and nobody will seemingly do Anything but give us the runaround.
(The association supposedly sent a letter and fined the neighbors but they claim they can only do that once every 30 days or so...)
So I was wondering what our rights are as condo owners and what (if anything) can we do aside from being forced to move out...?? :/
Its a bit complicated and dependent upon the Condo Documents (master deed and bylaws etc.) but You have a potential claim against the Homeowners Association and your neighbors because your condo docs probably have a provision that restricts any co-owner (or their tenants) from disturbing other co-owners. So they either replace their floors with something that is soundproof (especially if the floors were not original) or they force the tenants to move.
Renters have no privity of contract with the HOA. The contractual relationship (the CC&Rs and By Laws) is between the HOA and the owners. So the Board has to act like the renters don't exist, and all notices, fines etc have to be sent to the owner. If the board does its job, at some point, the owner will get sick of paying and answering for the tenants and evict them. Outside the HOA remedies, you can of course, continue to call the cops.
