We live in a condo unit and own our unit.
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
We live in a condo unit and own our unit.
The neighbors above us also owners recently put in an air conditioner unit that is outside and 5 feet from our bedroom window. New Link Destination
help drown out the noise when it goes on at night we have to keep our bedroom windows and shutters closed. The hookup goes up the outside wall right next to our window and at night when the unit goes it is actually vibrating our wall and wakes us up. We have tried to talk to the owner requesting they not run the unit after 10pm but his attitude is that he wants to keep his unit a constant temperature so will not change the settings. We are seniors 72 and 68, still working,but selling our unit to buy in a better situation would be a hardship for us. We can try to talk to the Association Management company but the owner is on the Association Board of Directors so what are our legal options. Just looking for direction to resolve this unfair issue.
Asked on June 25, 2016 under Real Estate Law, California
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 8 years ago | Contributor
If your neighbor has not violated any association rules or any zoning or noise ordinances, there is nothing you can do--but conversely, if he has violated any such rules or ordinances, you can take legal acton to enforce them.Simultaneously review all the association rules--is there anything about noise? about placement or size of AC units? etc.--and contact the municipal police and the building dept. to ask about noise ordinances and building code about air conditioners. If there was a violation of association rules, then as someone who is a beneficiary of those rules, you may be able to sue to enforce them; if any ordinances or code was violated, the appropriate agency or department may take action to enforce them (e.g. fine the owner until he fixes the condition). You need to look for some violation to be able to take action.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.