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  1. #1

    Unhappy Elevator Noise Affecting a Condo Unit

    California.

    We live in a 2 bd condo in Woodland Hills, California which we purchased 2 years ago. We have had an issue with elevator noise coming in to our unit. Our unit is on the first floor and the engine room is below our bathroom.
    Each time the elevator is active (we live in 100+ unit with 1 elevator) the noise comes into our unit. We are constantly woken up in the middle of the night, have trouble falling a sleep, and difficulties staying a sleep in the morning. It has created an unbearable living situation.

    When we purchased the condo, we were one of the first ones to have moved into our building. (It is a 1200 unit apartment to condo conversion) We didn't hear the elevator noise until months after people began to move in.

    Here is an audio of the sounds from my bedroom and also a video from the engine room:
    1. Audio from bedroom (begins at 0:07) - Audio from Bedroom (Building 14 Unit 124) - YouTube
    2. Audio/Video from engine room - Building 14 Elevator - Engine Room Noise - YouTube

    We have addressed the problem to the HOA and have even had the elevator technician (contracted by the hoa) come out and assess the issue. He came into our unit and said the noise should not be coming into our unit and has proposed a suggestion. I have since then asked to view the proposal and the amount which they have refused for us to see. The amount is less than $1500.00 but it is not a guarantee according to the elevator technician.

    They have since refused to correct the problem twice this year because the elevator was working and we were the only ones who have complained. We have no neighbors next to us and the people above us do not hear the noise from the engine room.

    Because the HOA won't do anything, my next step is to go to the developers who sold us our unit but we are trying to find out if we even have any power to pursue this. (for example: undisclosed mechanical noise or owners easement of enjoyment)

    Thanks in advance.

  2. #2
    Join Date
    Sep 2010
    Posts
    19,597

    Default Re: Elevator Noise Affecting a Condo Unit

    Hi there. The answer here is going to be the same as over on the other forum.

    1. You appear to not have done appropriate due diligence.
    2. Disclosure only applies to material defects that the builder/seller knew about or that they somehow concealed the issue.
    3. Unless the unit is misinstalled (according to code or installation instructions) or malfunctioning, the HOA isn't responsible for you buying a unit in a noisier location.

    Frankly, it's going to take a real estate lawyer to force the HOA to do anything. Of course, they'll defend themselves against you with your own dues. You may find it cheaper to pay for the mitigation yourself (possibly sharing it with other units). You may wish to see if the inspector (these things need to be inspected periodically) or an engineer can attest to something improper in the construction/installation of the thing. The vague statements from the technician aren't likely to carry much weight.

  3. #3
    Join Date
    Mar 2009
    Location
    Key West, FL
    Posts
    2,350

    Default Re: Elevator Noise Affecting a Condo Unit

    As the previous answer explains, you don't have a legal cause of action at this point. You would be wasting your money going to court. You are better off working with the elevator company and the HOA to mitigate the noise.

    You might want to first hire an experienced sound engineer with a building design background and find out EXACTLY how the noise is being transmitted to your unit. That would possibly make mitigation more efficient and perhaps less costly.

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