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  1. #1
    Join Date
    Jul 2009
    Posts
    4

    Default Noise Problem with Upstairs Neighbor

    My question involves landlord-tenant law in the State of: CA
    I purchased a first floor unit in a multiple dwelling complex. The first 6 month was nice, then I started to hear all kinds of noises coming from upstairs. Running, jumping, chatting, dropping things on the floor, sounds like they do all of their activities on the floor. I complained to the neighbor and HOA, and found out that they installed hardwood floor. The tenant upstair said that most of the noise is caused by their way of living come in contact with the floor, and there's nothing they can do about it. The HOA have certain regulation about sound isolation when install hardwood floor, however the regulations are vague and ambiguous. They could have faulty sound insolation, but if the regulation was written with holes, they can easily get away with it.

    I am trying to go after these people through small claim or civil, but I am not sure who am i really going after? Should I hold them responsible for making the noise or the HOA for not setting up the right rules for sound insolation?
    i know i should avoid this at all cost, however these people just don't stop. Even if I sell my condo, who is going to purchase with all that noise.
    Please help!!
    Thank you all very much.

  2. #2
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Noise Problem with Upstairs Neighbor

    They're either violating the HOA or they're not. Run the document past a lawyer and get an opinion.

    Generally speaking, you get to live with the ordinary noises of life coming from an upstairs unit.

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