One of the biggest differences between living in a condominium complex versus an apartment complex is that, because condos are primarily owned and not rented, the residents of condo complexes tend to be more mature, responsible, and conscious of their living conditions and property considerations, leading to a more civil and pleasant atmosphere than you might find in an apartment complex full of residents fresh from college and treating the property like a fraternity house. But, every so often, condo complexes do get their fair share of loud partiers, whether it be owners who for whatever reason do not care about the effect on others, or family members and/or renters who are actually residing in the owner’s condo and indifferent to or unaware of their effect of parties on others. If this describes one of your condo neighbors, you are probably wondering what to do.
Speak With Condo Management
Most condominium complexes are overseen by management companies hired by the HOA, and management should be the first line of defense in preventing residents from infringing on the property rights of other condo owners through nuisance behaviors like throwing loud parties. The management of your condominium is literally employed by your HOA and is there to serve your needs in upholding the rules of the HOA, and, by and large, most managers and management companies are eager to serve the needs of their condo owner residents by taking action to enforce the rules.
Bring it up to the HOA
In addition to or instead of speaking with management, you can also go straight to your HOA with your issues. Your HOA likely meets on a monthly basis, and you should be able to attend the meeting to raise your concerns.
Prior to attending the meeting, you should do your best to document the pattern of loud parties. By presenting the HOA with a list of dates and times of the offending parties, you will be providing them more with more ammunition to take action. Even better, if you can persuade other affected homeowners to attend and back up your complaints, your HOA can approach the condominium resident conducting the parties with more evidence of the nuisance that has been created.
How Your HOA Can Respond
Rest assured that your HOA does indeed have options and tools for responding to situations just like the one you are suffering through. These options and tools are set out in the HOA bylaws which dictate when and how the HOA board should take action, as well as a Declaration of Covenants, Conditions, and Restrictions (CC&Rs) which include the rules for the HOA that all homeowners and residents should abide by.
Essentially all CC&Rs contain provisions related to noise as well as enforcement mechanisms for dealing with violations of the rules against noise. Based on the evidence provided you to the HOA of the loud parties, and any other evidence the HOA might choose to collect, the HOA can reach out directly to the offending parties with warnings and/or immediately use enforcement mechanisms such as monetary fines to curtail the noise and any other nuisances presented by other condo owners or residents.
Contact an HOA Lawyer for Further Help
Your HOA board still may have difficulty in taking on persistent rule-breakers unwilling to respond to the HOA’s efforts and, in that case, the HOA board should work with a lawyer who can act as an outside third party in taking the sometimes difficult task of enforcing rules against noise.
Goodman Law Group is an Arizona HOA Law Firm and our sole focus is on meeting the legal needs of HOAs, including creating and implementing HOA policy and responding to homeowner concerns. Contact us today to discuss any legal challenge your HOA is facing.