Can noise nuisances be characterize as harassment/malicious in nature if they impact the "quiet enjoyment" of my residence?

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This issue relates to a townhouse with an HOA. First instance of a noise complaint, barking dog. At the time, the house was listed for sale. Received several complaint emails in regards to the noise and threat of the neighbor’s dog. Tried to resolve through the HOA. Wasn’t successful. Animal control was sent to the house. Cops were at the house. Neighbor stated they hope the house never sells. They got their wishes. Moved back into the property to not only the dog, but then the throwing of baseballs against a common wall (my bedroom). The dog eventually went away and they now have a basketball net mounted to that wall. HOA has been minimally responsive. Walls are of concrete construction. Sound in my house from the ball slamming reach 82 decibels. What are my options legally?

Attorney Answer

1
Marshall Deason ·
Unfortunately the right to "quiet enjoyment" of property does not mean it will not be noisy. "Quiet" is used in the same sense that it is used in "quiet title action." It means without challenge to your rights of ownership. Whether the actions of your neighbors are proper depend on the documents governing your community. If you think your are being treated unfairly, you should consult an experienced real estate lawyer in your area.
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