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One of the common issues that condominium and homeowners association directors face entails responding to noise complaints. Barking dogs, loud music, disruptive parties, crying infants, and other sources of noise can, and often do, lead to complaints from neighbors who wish to enjoy restful peace and quiet in their abodes.
For association directors and committee members charged with enforcing community rules against nuisances and disturbances, effectively responding to such issues involves adhering to applicable covenants and restrictions, while also seeking to find equitable resolutions for all involved.
In some instances, such as when condominium owners are removing and installing new flooring tiles, loud noises can be an unavoidable necessity. Those cases require associations to enact and maintain clear rules to help avoid and allay complaints, and to help govern the enforcement of complaints when raised. These types of rules typically address the process by which owners and residents seek and obtain prior approvals for any renovations and installations.
In conjunction with such approvals, associations should consider limiting the hours during which such noisy work can take place, such as from 9:30 a.m. to 5:00 p.m. from Monday through Friday, and should provide ample prior notification of the work and expected noises that will be taking place to all of the affected neighbors, including those residing in the floors directly above and below.
Pet restrictions are also an effective way of preventing and addressing noise complaints that are associated with pets. Dogs and birds can be particularly noisy, so establishing and enforcing rules governing pets in the community can merit consideration.
The implementation of quiet hours can also be helpful. Establishing and enforcing a rule that excessive noises cannot take place between 10:00 p.m. and 8:00 a.m., for example, can help to lessen complaints from arising.
When noise complaints are made, association directors and managers should first review their existing community rules and any applicable local ordinances to gain an understanding as to what is, and what is not, acceptable. They should also request any evidence that the complainant could provide, which may include recordings or written logs of when the disturbances occurred. Inquiries with other neighboring residents could also be made, and all information should be gathered and considered prior to any decisions on enforcement actions.
In some cases, bringing the complainant(s) and alleged perpetrator(s) together for a mediated discussion over the matter can lead to a reasonable resolution for the parties. If, for example, accommodations could be made for an infant’s afternoon naptime or a resident who works overnight and sleeps during the day, such discussions could help to reach effective solutions.
Open discussions during board meetings before all the affected and interested parties can also be a great way to address complaints. Those gatherings often help to increase awareness of the community’s existing policies and procedures, and can foster cooperation and mutual understanding among owners.
When resolutions to ongoing noise issues cannot be reached via these initial responses, association directors and managers should seek to establish and enforce rules and guidelines to specifically address the disruptions in question. They should take a careful and critical look at the community’s existing rules, and determine whether changes need to be made. In some cases, they may reach the conclusion that no changes are necessary, and a complainant or complainants will need to accept that the sounds in question do not run afoul of the community’s reasonable rules and restrictions. Associations in such cases should make it clear that they strive to keep their rules reasonable, and they must endeavor to avoid any overreach with unnecessary and cumbersome restrictions.
The truth is that some complaints for excessive noises in multifamily-housing communities are going to be unavoidable. Association directors and property managers should focus on investigating each case as it arises, determining the extent to which it is impacted by existing rules or whether new policies and restrictions are called for, and facilitating communications with all the affected parties to find equitable resolutions.
Our firm’s South Florida community association attorneys write about important matters for associations in this blog and our Miami Herald column, which appears every two weeks on Sundays, and we encourage association directors, members and property managers to click here and subscribe to our newsletter to receive our future articles.