Your Legal Questions Answered
I am writing to seek your legal advice regarding a persistent noise issue in my condominium located in Denver. I am a condo owner and have been experiencing significant disturbances due to the squeaking of the carpeted floors in the unit directly above mine. The noise levels often range from 60-90 decibels, which has been severely impacting my ability to get adequate sleep. Compounded by existing health issues, this situation has become quite challenging for me.
Both the owner of the upstairs condo and the Homeowners Association (HOA) are aware of this ongoing problem. Initially, there was a plan in motion to address the issue before the owner installed new carpets. We had discussed the possibility of a sound inspection and potentially adding insulation to mitigate the noise. However, despite these discussions, the planned actions were never carried out. The owner has since installed new carpeting, and unfortunately, the HOA is now unwilling to cooperate further due to the expense.
As the subfloors are considered a common element owned by the HOA, I am reaching out to you to inquire about the potential for legal recourse. I am hoping to explore options that could compel the HOA to take action to resolve this noise issue. Ideally, it would be beneficial to address this matter before the condo is sold and new residents move in, to avoid them encountering similar disturbances.
I would greatly appreciate your expertise and guidance on how to proceed in this matter. Thank you very much for your time and consideration.
We have handled similar noise issues with HOAs in the past. Although challenging, it is possible to come to a resolution of the matter. The first step is thoroughly reviewing the condominium's declaration, bylaws, and the rules and regulations of the HOA. These documents often outline the responsibilities of the HOA regarding maintenance and repair of common elements, noise policies, and dispute resolution procedures. Identify any clauses that relate to noise levels, use of common elements (such as subfloors), and the HOA's duty to ensure a peaceful living environment.
Maintain detailed records of the noise disturbances, including dates, times, decibel levels, and any communications with the upstairs neighbor and the HOA. Documentation can serve as evidence should legal action be necessary and can also be helpful in negotiations with the HOA or the other party.
Should the HOA neglect to act and this inaction substantially detracts from your ability to use and enjoy your property, legal action might be warranted. Possible legal frameworks to consider are: breach of covenants, should the HOA fail to meet its responsibilities as outlined in the governing documents; nuisance, in instances where the noise qualifies as a disturbance that impedes your right to peaceful enjoyment; and negligence, if the HOA's disregard for its maintenance and repair obligations of common areas contributes to the issue.
Legal action could compel the HOA to implement noise-mitigating measures or provide compensation for your damages. Please contact us to discuss your options and your facts of the case. Only after fully understanding the details and evidence in your case can we provide legal advice on a path forward.
We can be reached at (303) 688-0944.
The foregoing information is general information only and should not be relied upon to take, or fail to take, legal action. No attorney-client relationship is formed by this information. __The only manner to obtain complete and adequate legal advice is to consult with an attorney.__
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