Declaration of Covenants
QUESTION: Where would I find the regulations stating that the owner of an upstairs unit must provide a certain amount of carpet or rugs on the bottom floor of their condo? Also, would it be smart to take legal action against the person. I am at a miserable point in my condo and the noise is preventing me from getting sleep. Please tell me what it is I can do and how much it would cost to get the lawyer to write up the letter. Thank you.
ANSWER: Condominium documents or rules often contain a requirement that hard surfaced floors in units beginning on the second floor be covered to a certain percentage (such as 75 - 85%) by carpet in order to control noise transmission to the unit below. Generally, there are no local ordinances or other laws on this topic of which we are aware. You may need to resort to a private nuisance claim which is a civil suit to be brought against your neighbor. We urge you to get legal counsel to assist you if you have not been successful in gaining the cooperation of your neighbor through a direct conversation. You will likely need to get a noise expert to document the level of noise at various hours which would be normal sleeping time or, at least, normal quiet time....like 10 p.m. to 6 a.m.