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  1. #1
    Join Date
    Jul 2008
    Posts
    3

    Default Neighbor with Loud Harley

    I own my own townhome in Trabuco Canyon, Orange County, California.

    About a month ago a new neighbor has moved in with, seriously, the loudest Harley Davidson I have ever heard in my life. I live directly above all of the garages, in which he is right underneath my living room.

    He is renting out the condo downstairs and to the left of mine, and his girlfriend / wife has informed everyone he is a police officer. At first, he would start the motorcycle at between 5am-7am, let it idle (which shook my entire house, and obviously I was awoken by it) for about 15 mins, then he would shut if off. Then at about 10am-11am he would start it again and then drive off.

    I called and complained to our property management company, and after 3 different requests, they finally agreed to send a letter to the homeowner (who is offsite) and refused to do anything with the tenant, stating I should talk to them. The problem with this is, we all believe the homeowner will never speak to the tenant about it, as he had quite a few fines already placed on his house for violations. We just really think he doesn't care.

    I then wrote the tenant a letter asking them to please take care of the issue, and gave them my address and phone number. The problem seemed to be taken care of early in the morning, however now he goes out at the 10am-11am, and leaves the bike in his garage, and continually revs it over and over for about 5 mins, and leaves it idle about 15-20 mins before he leaves. So it appeared that he got my letter, but is being a bit more obnoxious about it.

    I then called back to the association and practically begged them to send a letter to the tenant, which they refused again, and said they would send another to the owner if it continued. I then got with the secretary of the association, and was going to have her introduce me to the president of the board of directors on the association, but she also refused and said there is nothing they can do, and they also refused to even talk with the tenant, or send a letter. I then decided to in person attempt to talk with the tenant, and spoke with his girlfriend/wife. She said that she got the letter, and deeply apologized, but was unsure about how to fix the situation. I then requested to have the owner call me or come to my house, and we can figure out a mutual solution to the problem. This was 5 days ago, and haven't heard anything from the motorcyclist.

    I am aware that I can talk to an administrative deputy at the sheriff's office and have him come out and talk to both of us, which may help since he is a police officer, and hopefully he will realize he's not being a good role model in the community, however is there anything I can do with the association, or the board of directors to get them to talk with the tenant as well as the owner? I had tenants there in the past, and they would send correspondence to me as well as the tenant. It really seems in this case, they are afraid of the tenant for a lawsuit etc, however I'm the one that would be raising a big stink, instead of anyone else. Any help would be appreciated.

    -Pat

  2. #2
    Join Date
    Mar 2007
    Posts
    9,096

    Default Re: Neighbor with Loud Harley

    What I never understand in these cases is why you didn't START with just talking to the person with the Harley? In other words, why involve the entire complex when all you had to do was buy the guy a cup of coffee?

    I will look up the statutes.

  3. #3
    Join Date
    Jul 2008
    Posts
    3

    Default Re: Neighbor with Loud Harley

    Quote Quoting cyjeff
    View Post
    What I never understand in these cases is why you didn't START with just talking to the person with the Harley? In other words, why involve the entire complex when all you had to do was buy the guy a cup of coffee?

    I will look up the statutes.
    Thank you.

    Couple thoughts on your comment. I work nights and could never get ahold of the guy. Everytime I walked by no lights were on, and no one was home.
    Second reason is, I pay association dues, and don't really want to deal with the conflict. I have a heart condition, and when that bike starts and I jump 10 feet in the air in my own home, my heart starts racing. I don't want to add any sort of stress or anything to the situation, and that particular conflict was what I was trying to avoid. In my eyes, it's common sense not to illegally modify your motorcycle and then move into a very quiet closeknit neighborhood, especially if you are a police officer. I really just believed that he'd blow me off and never do anything about it.

    This thing is really louder then hell. I have to guess (I've worked with decibel meters in the past) that inside my house when he starts it, the noise is at least 90-100db. And that, once again, is inside my house.

  4. #4
    Join Date
    Jul 2008
    Posts
    3

    Default Re: Neighbor with Loud Harley

    I found some articles in my associations CC&R's and also the Rules and Regulations. Once again, the president is saying "There is nothing he can do" however the CC&R's and the Rules and Regulations say different. Please let me know any suggestions on how to handle this. The excerpts are below:

    Article 6 Powers and Duties of the Association
    Section 3 Duties

    Subsection I: Formulate, adopt and enforce such Rules and Regulations as it may deem proper for the operation of the common property, as more particularly described below. Notice of adoption of any such Rules and Regulations and of any change, amendment or report thereof, shall be given in writing to each Member and shall be on file in the principal office of the Association. In the event of any conflict between such Rules and Regulations and this Declaration, this Declaration shall prevail.

    Article 9 Use Restrictions
    Section 7 Quiet Enjoyment

    No Owner shall permit or suffer anything to be done or kept upon such Owner's Condominium which will obstruct or interfere with the rights of quiet enjoyment of the other occupants, or annoy them by unreasonable noises or otherwise, nor will any Owner suffer any immoral or illegal act to be committed thereon. Each owner shall comply with all the requirements of the Board of Health and of all other governmental authorities with respect to said premises, and shall remove all rubbish, trash and garbage from his condominum unit. All clotheslines, refuse containers, woodpiles, storage boxes, tools and equipment shall be prohibited from any Condominium unless obscured from view by a fence or appropriate screen approved by the Architectural Control Committee provided for hereinbelow.

    (Rules and Regulations)
    Section #3 Common Area Rules

    Subsection B: At all times, consideration for neighbor's rights to peaceful enjoyment of their property is required. A 10:00 pm quiet time shall be observed by all residents and their guests.


    Any help would be appreciated on what to do next.

    -Pat

  5. #5
    Join Date
    Mar 2008
    Posts
    1,995

    Default Re: Neighbor with Loud Harley

    I'll let you in on a little secret on how some board officers are selected.

    On several occasions, I went to HOA meetings where they went around and around the roon a few times and NO ONE wants to be board president. Finally, some "hapless" guy with no backbone to say NO is shanghaied into doing it.

    This is not to say that this is what happened to your HOA board, but if it's something close to it, I doubt the last thing the HOA president wants to do is come home from a hard days work, or a tiring day from golf if he's retired, and march down to offfenders rental unt, read the guy the riot act, because the complainer upstairs is TOO TIMID, and the management company is too busy.

    Happened to me once. I was shanghaied to be the president of an alumni group at college, because no one wanted to b e bothered, and a while later, another officer of the group who put an offer in the buy a house did not get the offer accepted, insisted that I as president of group call the seller up, make a stink, and threaten legal action. Now, I only agreed to be "the president" because no one wanted the job. so why on earth am I getting into this??

    Finally, this member angrily resigned from the group, after chewing me out, and making a big scene.

    It seems at this point YOU don't want to confront this guy, the management company don't want to confront this guy, the HOA president doesn't want to confront this guy, so the remaining alternative would be for the HOA to hire an attorney, handle it, and then pass the attorney fees down to the unit owners as a special assessment.

    Yes, my sister was told at one HOA meeting at a condo where she lived that this would happen if two unit owners can't co-exist, and the HOA made it clear that if all unit owners get stuck with legal fees, it's all because of these lugheads.

    In fact, if I was this HOA president and I get another call from you, that's exactly what I would do.

  6. #6
    Join Date
    Mar 2009
    Posts
    1

    Default Re: Neighbor with Loud Harley

    I have the same problem. Only the people the live next to me are friends with a sheriff and have family that work as police dispatch. It all boils down to people that know the ways of the law and them knowing what police don't really cary about. They are criminal minded people that get joy out of annoying other's and taking away your peace. Honestly if moving is an option I would move right away. It will save you alot of stress. I will tell you it will not stop and only get worst. If you can plant plants in areas to buffer the noise do so now. Everyone will turn agianst you and noone cares what your going through. If you find a solution to this problem please let me know.

    EDIT: document everything.

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