Sometimes small complaints, such as condo noise complaints, can turn into a larger community issue. To avoid escalation that could negatively impact the community, boards should aim to reduce conflict through clear policies and consistent enforcement.
What are Condo Noise Complaints?
These are reports of sound, usually loud, that violate the COA’s governing documents or adopted policies. These usually happen when neighbors fail to consistently keep noise down or avoid excessive noise that can disturb nearby residents.
In a condo community, where people live close to each other, a certain amount of noise is to be expected. Because of this, your community association will need to create a policy to address it. It needs to set a clear definition of acceptable noise and the level at which disturbances begin. For this, you can consider factors such as the noise’s duration and frequency. You may also consider what time of day the noise occurred.
Condo declarations often include nuisance provisions. These prohibit any conduct or action that would unreasonably interfere with another unit owner’s use or enjoyment of their unit.
What Boards Should Review
When responding to a complaint, the HOA board needs to identify which condo noise rules and regulations apply. This also means you need to review the relevant governing documents along with applicable state laws and local ordinances to make an informed decision.
Check the Declaration and Bylaws
Your governing documents, specifically the declaration and bylaws, may include nuisance provisions or use restrictions. These would be the ones that would ban excessive noise or any disruptive behavior in the neighborhood. The bylaws can also outline the board’s authority to adopt and enforce rules.
When reviewing the said documents, the board needs to rely on how they are written rather than inserting personal opinions. If things are unclear, you can seek legal counsel to determine whether the conduct is enforceable.
Follow the Illinois Condominium Property Act
Condominium associations in Illinois are usually governed by the Illinois Condominium Property Act. Section 18.4 of the said law allows your condo board to adopt any reasonable rules that cover the operation and use of a condo property. This may be adopted after following the proper and required rulemaking process
The Act also allows the association to levy reasonable fines when residents violate rules after the COA provides them with proper notice and an opportunity to air their side. With this, the HOA board still needs to follow the proper enforcement and hearing procedures before they can impose penalties for violations.
How to Handle Noise Complaints in Condos
Having a consistent process is key when handling noise complaints in condos. Usually, this procedure is in place because the board can receive conflicting accounts from neighbors. With the right steps, the board can properly and fairly investigate before making a decision.
Require a Written Complaint
To facilitate association complaints, your association should require them to be submitted in writing. This gives the board a record of what allegedly happened.
As part of their submission, residents need to provide sufficient detail for the COA to evaluate. These may include when the disturbance happened and how long it lasted.
If the incidents recur, residents should document them as well. A clear record of what happened can help distinguish an isolated event from an ongoing pattern.
Investigate the Complaint Objectively
After receiving the complaint, the association or community manager will compare the details of the situation with the local laws and the policies in the governing documents. If the initial complaint lacks details, the COA may request additional information from the reporting unit owner.
The board or community manager should compare the complaint with the governing documents and applicable rules. The association may ask the reporting resident for more information when the initial complaint lacks detail.
Directors should also avoid assuming that either resident is correct before reviewing the available evidence. Remember that sound can travel unexpectedly through units in a condo building, and one may mistake the apparent source for another.
Notify the Alleged Violator
After you’ve determined that the complaint is credible, the board will need to contact the owner responsible. If it’s their first offense, sending them a courtesy notice might be enough to resolve the issue.
When creating the notice, you will need to explain the concern. It needs to include the policy that may have been violated. If a tenant or guest caused the disturbance, most policies still hold the unit owner responsible.
Follow the COA’s Enforcement Process
If the noise continues, the board will need to follow the procedures outlined by the governing documents and Illinois law. This usually includes sending out a formal violation notice and providing an owner with the opportunity to respond.
Impose fines only when authorized and after following the required process. Handle similar violations consistently to reduce claims of selective enforcement.
Escalate Repeated Violations When Necessary
Some condo noise complaints continue despite warnings. If the association has documented repeated violations and followed its procedures, stronger enforcement may become necessary.
The board may want to consult association counsel before pursuing legal remedies. If the disturbance may also violate a local ordinance, residents can contact the appropriate local agency separately.
How to Address a Noisy Neighbor in Condo Communities
You can resolve noise problems in ways other than board enforcement. Here are a few options:
Encourage Direct Communication When Appropriate
Sometimes a resident genuinely doesn’t realize how easily sound travels from one unit to another. Having a polite conversation with them about this sometimes easily resolves the problem
However, don’t try having a direct conversation if the resident feels uncomfortable. It’s also best to avoid this if the dispute has already turned hostile. In such cases, residents should ask the community manager or board to contact the owner of the violating unit.
Consider Mediation
Mediation doesn’t necessarily mean the conversation is becoming hostile. However, it’s extremely useful when two residents disagree about what’s considered reasonable regarding noise.
This step is also beneficial if both parties are willing to find a solution.
A neutral third party can help opposing residents discuss the problem and reach an agreement more calmly.
Determine Whether the Building Is Contributing to the Problem
Sometimes, a noisy neighbor in condo communities isn’t the only source of unwanted noise. Hard-surface flooring without underlayment, along with other building conditions, can increase sound transmission between units.
Keeping the Peace in a Condo Community
Condo noise complaints require boards to balance reasonable community living with residents’ ability to enjoy their homes. However, with clear rules and proper documentation, your condo association can resolve disputes before they become lasting conflicts.
The Forth Group provides condo management services to communities in Chicago and surrounding communities. Call us today at (312) 379-0400 or contact us online to get started!
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