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Rowdy Neighbors and HOA Noise Rules

Disrespectful neighbors playing loud music, enjoying home theaters, hosting summer parties, and performing late-night construction work can violate an HOA’s covenants, conditions, and restrictions. HOAs have a duty to resolve these violations quickly and, when they do not, they can be held liable for failing to act. 

Nuisance Complaints

HOAs are not immune from lawsuits stemming from nuisances within the community. Common nuisances include:

  • Odors emanating from a neighbor’s property
  • Visual problems such as cluttered front and backyards
  • Safety problems such as fire pits and fireworks
  • Noise problems including loud music and large gatherings

Most covenants, conditions, and restrictions (CC&Rs) address these common causes of complaints. HOAs have a duty to their community to thoroughly investigate complaints and pursue an expedient resolution through the notice and hearing process.

Noise Complaints in Multi-Unit Buildings

The majority of noise complaints originate in apartment buildings and condos. Often, there is little to no insulation between units, which means that sound travels through them like a concert venue. One reason for this is that most projects set a low bar for the installation of insulation and other sound attenuating materials. The result is that even normal activities such as walking across the floor or cooking can resonate through the adjacent units. 

Enforcing Rules and Mediating Disputes

HOAs have a duty to property owners to protect them against the behaviors and actions of their neighbors. While a singular event such as a loud TV or a midnight cooking session can be addressed with a brief conversation or formal warning, it’s quite something else to have a neighbor who is throwing parties every weekend, yelling at the news on TV every night or, worse, engaging in loud or physical altercations every week. These situations are habitual and require HOAs to take appropriate action and apply the specified penalties as spelled out within the CC&Rs. 

HOA’s that fail to enforce noise-related rules and mediate disputes when they occur are negligent in their responsibility to property owners. Moreover, property owners who have rented their properties are not immune from liability stemming from their tenant’s actions. Indeed, since renters are not members of the HOA, the rowdy actions of a tenant are the responsibility of the property owner. As such, the HOA can pursue homeowners for the cost of enforcing the CC&R’s or evicting the nuisance tenant.

What Our Clients Say

My family and I are thankful to Maddox, Segerblom and Canepa for their assistance during a three year case regarding construction defects to our home. We are truly appreciative of their knowledge, determination and assistance during this process. They were always courteous, and available to answer any and all of our concerns and questions. Thank you for the wonderful resolution. Many thanks to you and your staff.

Frances Castelli

We used Maddox, Segerblom & Canepa to represent us in a legal suit re problems in construction on new properties that we purchased from a developer.

We were very pleased with the representation provided by this law firm. They were fully communicative, responsive to our questions and were very knowledgeable about the issues that required resolution. Even after we reached a resolution, they have been responsive in making sure to point us in the right direction for help with repairs that are required.

We would recommend them to others with similar issues that require legal help.

Atam & Margo Lalchandani

Maddox, Segerblom & Canepa did a FANTASTIC job in our construction defects case. I interacted with several people from their office throughout our 2 year litigation. Their staff is friendly, knowledgeable and always prompt about getting back to you when you have questions/comments/concerns. I especially enjoyed working with Darcy, Ardea, Eva, and Sandra. Being part of a lawsuit is no fun for anyone, but if you have to be a part of one, I can’t say enough positive things about this firm!

Victoria Fox

The law firm of Maddox, Segerblom, and Canepa were amazing to work with. They were thorough and always available for any questions we had. We worked a lot with Sandy who was always professional, friendly, always on time for appointments and just a great person to represent this firm. We have never been involved in a law suit before and they made it comfortable for us. We appreciate the hard work the lawyers and people who work for the firm did and would recommend them.

Becky Loudenburg
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