How to Address a Noise Complaint

Living in a community with other people is always going to come with some challenges. When you live in an association community, you have a good, built-in infrastructure for filing complaints. Simply put, if you have neighbors who are disrupting community life or not complying with the association’s rules, you can take your grievances directly to the Board of Directors.

Some of the most common association complaints involve noisy neighbors. Excessive noise can shatter your peace and quiet, and disrupt your quality of life. Additionally, excessive noise can run afoul of the community’s stated noise ordinances.

The question is, how can members of the Board handle a noise issue when it comes up? Start by reviewing some of the most common noise complaints that crop up in homeowners associations. With any questions, feel free to reach out to Kuester Management Group if you’re based in the Carolinas.

Association Noise Violations: An Overview

First, some background is in order. All homeowners are free to enjoy life on their own property, and also to take advantage of all the amenities that the association provides. However, different homeowners may have competing ideas about what that freedom entails, especially when it comes to the level of noise they generate or the extent to which they disrupt their neighbors. Thankfully, our rules and covenants should offer some consistency and some clarity.

Even with good governing documents in place, disputes are bound to arise. Often, neighbors are able to resolve their issues together, without the need for the Board to intervene. But in some cases, loud noise does rise to the level that the Board needs to step in.

What are the Most Common Types of Nuisances in an Association?

In real estate, a nuisance can be defined as using your property in a way that is disruptive, irritating, or obnoxious to the other members of your community. Often, in the context of an association, nuisances involve noise.

There are basically two types of nuisances that residents may experience. The first is what’s known as a private nuisance. Basically, this can involve any behavior that makes it hard for you to enjoy peace, quiet, and privacy while occupying your own property. It could be something as simple as a neighbor who constantly blares loud music, or who allows their dog to bark long into the night. Pretty much any noise-related issue is going to fall under this category.

The other type of nuisance is the public nuisance, which can be anything that presents an actual health or safety hazard to members of the community. Noise issues seldom rise to this level, so we won’t dwell on public nuisance issues here.

Common Types of Private Nuisances

When it comes to private and noise-related issues, there are a few common complaints that arise in communities.

• General Noise Concerns
  It’s not uncommon for homeowners to file general grievances about the level of noise they hear coming from a neighbor’s home. This might be loud music, rowdy parties that go late into the night, etc.
• Pets
  Sometimes, noise complaints are specifically pet-related. Yappy or rambunctious dogs can certainly be annoying, as can neighbors who don’t properly attend to their dog’s waste.
• Children
  Children, like pets, can sometimes be noisy or unruly, shattering peace and quiet within the community. Child-related complaints can be particularly prickly and hard to deal with.

How to Resolve Noise Complaints in Your Neighborhood

Hopefully, residents of your Association will be able to resolve noise disputes amicably among themselves. In some situations, however, noise concerns do require members of the board to intervene. The question is, what steps can the Association take to handle these complaints?

Consider a few best practices:

• Enforce rules fairly and consistently. First and foremost, it’s vital to know what your written rules, regulations, and ordinances say about noise complaints. Be sure to enforce those rules fairly and consistently, avoiding any possible allegations of favoritism or of selective enforcement.
• Act quickly. A noise complaint may not seem like a big deal, but if left unresolved, it can lead to escalating tension and conflict. It’s always good to step in as promptly as possible.
• Send a notice. There’s no need to jump straight to legal action. Often, a written or verbal request is all it takes to settle the matter. Simply send a note to the offending homeowner, letting them know of the complaint and gently reminding them of the noise rules and policies.
• Offer to mediate. If a written notice doesn’t solve things, the next step is to offer to mediate. The Board itself can listen to both sides of the dispute and propose a solution, or else involve a third-party evaluator. This may be a mediator from your HOA management company.
• Seek help. If you’re unable to resolve the matter internally, that may be when you need to check in with your management company or HOA attorney. You don’t want to deal with a civil lawsuit, so asking about alternative dispute resolution options can be really wise.
• Consider new policies. Finally, you may wish to consider additional policies that can help you to prevent future noise complaints. For example, why not implement quiet hours for your HOA? Just make sure your policy is reasonable, and that you provide ample, clear written notice. With these tips, your HOA should be well-prepared to deal with any noise nuisance that comes up and to consider a number of options for resolution.