Enforcing Governing Documents
QUESTION: I live in a condo community comprised of townhome style units built above single level units. The bylaws clearly prohibit owners or residents from "making or permitting any loud noises that will disturb or annoy the occupants of any of the units." Further, the bylaws stipulate that "owners or residents shall install necessary carpeting or rugs, each with sound reducing padding, which will cover a minimum of 80% of the total floor space of each room and hallway." A fine schedule accompanies these "disturbing noises" rules.
Within the past several months, my next door neighbors have installed hardwood flooring throughout their home, to the point that every movement - including chairs sliding and children running - is heard through the walls and floors (lower-level unit). Additionally, the neighbors constantly use power tools, including drills, hammers and saws, throughout the day (before 8 am on weekends and after midnight on weekdays). I have complained to the Board and management company, and the neighbor reluctantly agreed to purchase rugs in the coming months. Although fines are associated with these violations, the management company believes that enforcement of the bylaws is limited (and has indicated that we may be limited to removing community rights, such as parking, to address violations.)
What rights do I and my lower-level neighbor have to rectify this situation? How much time should be provided to the neighbors to come into compliance? Any guidance is appreciated!
RESPONSE: If you are in Virginia, and probably most other states, the bylaws are recorded and part of your covenants. The requirement for covering of hard flooring with carpets is enforceable by court action if necessary. We would recommend giving the upstairs owner 30 more days to comply by written demand for full compliance with the covenants emphasizing the degree of nuisance you are experiencing and indicating that you will be retaining counsel to take it to court if necessary. Don't expect the association to do this for you, although it could. The board may be reluctant to spend association funds for the abatement of what amounts to a private nuisance. It is likely that you will get compliance as a result of your letter or your attorney's letter, or at worst, the receipt of the suit papers by your neighbor. We cannot imagine this would actually go to a court hearing in that if your neighbor seeks legal counsel he will likely be told to comply. Your documents (and, in Virginia, a statute) provide for you or the association to recover attorneys fees from the offending party.
Mike Inman