Is there legal recourse to address loud construction noise due to a neighbor's condo remodel during normal business hours?

Bankruptcy and Debt 9 views 4 answers
Major condo remodeling next door has been ongoing for weeks and disturbing the quiet enjoyment of my home during normal business hours. The incessant construction noise interferes with any socializing, reading, phone calls, watching tv, sleeping, etc. Can I legally require the owner to sound proof, limit hours, or ask for compensation to temporarily relocate?

Attorney Answers

4
Adam Milam ·
You should check with San Meteo's building and construction ordinances, and the city clerk. They usually have some ordinances that may address these issues. If your noisy remodelers are complying with all ordinances and have permits then the short answer to your question is probably not. The one issue that you may have solid grounds to limit, and may find support in your local ordinances, is to limit the hours of construction/remodeling. I doubt there is anything regarding sound proofing or relocation. But check your local ordinances, they normally cover this sort of thing. Good Luck
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Nicholas Spirtos ·
Probably not. As long as the work is being performed in accordance with any city ordinances regarding work times, which typically allow work from 7 am to 7 pm, 7 days per week, then there is not much you can do. If the work is being done without a permit and one is required, you might succeed in getting it stopped for a period of time. But that would probably only be good for whatever time it takes to get the permit. It would be a rare situation where a neighbor would have to reimburse you or take special precautions.
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Netta E GrutmanEmployment / Labor AttorneyTarzana, CACA licensed ·
Here are the noise regulations. http://www.cityofsanmateo.org/index.aspx?NID=402 Jumping to conflict may be unnecessary. If you have a specific time of day you enjoy quiet, ie. from 1-2pm for a nap, perhaps ask your neighbor if they can have the workers schedule their break at that time. Just because this is a noisy period in their lives does not mean that they are unreasonable people. You may encounter unavoidable if not elective construction in the future, in which case you would want them to be flexible and understanding of you. Please mark as helpful.
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Christopher L MassReal Estate AttorneyLos Angeles, CACA licensed ·
Local ordinances specify the hours when construction can occur. The contractors must comply with those requirements. As long as work is being done pursuant to those requirements, your options are limited. However, speak with a Board member on your HOA or the property management company to determine whether there a CC&R's that govern how and when work must be performed. There often are. The contractors or unit owner must comply with those types of provisions. In addition, if the work is actually causing damage to your unit, through vibrations or dust and debris, you would likely have a claim for property damage. But as long as all these rules are being followed and your unit is not being damaged, i do not see any legal recourse for the noise.
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