Q. We purchased a condo four years ago and for the last two years we’ve had a problem with our upstairs neighbor. Their floor above our bedroom squeaks when they walk on it. We can tolerate it during the day but it is ruining our lives at night because we can’t get any sleep. The noise seems to be a problem only during the summer months when it is humid.
Our neighbor denies that there is a problem and the association did nothing to help us last year. According to our documents, quiet time is from 11 p.m. to 7 a.m. We have had enough of this and need to solve the problem.
My questions are this: Who is responsible for repairing the floor: the condominium association or the upstairs neighbor, and can we demand that it be done? We have a new board of directors and a new management company and they seem to be more sympathetic.
A. Unfortunately, you are not alone. Too many new developments that were built in recent years have acoustical problems. And I suspect that your association legal documents define the floors as “units” and not “common elements.”
Do you have proof of the noise? While board members will not like this advice, I recommend that when you hear the noise in the middle of the night, call your property manager — and your board members — and invite them to visit your unit and hear the noise themselves.
Some boards will be cooperative and arrange to hire an acoustical engineer to provide a written report. The report will contain two things: a summary as to the extent of the noise and a recommendation as to how to correct the problem.
If your board of directors is unwilling to pay for this report, you will have to do it on your own.
I am sure that your condo documents contain language prohibiting noise in the units. Once you have the proof (and the engineer’s report), confront the board and remind them that they have a fiduciary duty to enforce the legal documents of your association. You should also provide a copy of the report to your upstairs neighbor, so that he is aware of the problem.
Often, the noise problem is resolved simply by putting carpeting throughout the unit. Suggest to your neighbor that before you get involved in a legal battle, he should understand your concerns and be cooperative.
Ultimately, you may have to retain legal counsel to assist you. Hopefully, however, now that you have a more sympathetic board (and property manager) you will all be able to resolve this problem amicably.
Q. I recently learned that my home, which I purchased new in 1988, was constructed with Quest pipes. I wasn’t aware of the lawsuit that was created during that time. I was told that I have a leak in a pipe and the plumber would have to cut into several walls to find the leak. Do you have any current advice for property owners like me who were unaware of these pipes being used in their homes?
A. Unfortunately, where a class action is resolved, it usually relieves the defendant from further liability. You might want to talk with your attorney to see if he/she would be willing to pursue another lawsuit, although I seriously doubt it.
You just discovered the bad pipes, so any statute of limitations would normally begin at the time of discovery — and not when you first bought the house.
But, unfortunately, you will have an uphill legal fight. You could contact your homeowners insurance company and see whether it will provide any coverage. Otherwise, you will have to bite the bullet and pay for the repairs out of your own funds.
Q. I have been notified by our city that our family home must be licensed as a business and inspected at considerable cost to me. Never did I consider it a rental or a business.
I moved to my present house in 1992 to have larger quarters to accommodate my aging mother for eight years until her death. The smaller home (the one the city considers a rental) has been occupied for 18 years by my son who pays the upkeep, utilities, tax and insurance at no profit to me. Never has it been advertised as a rental. It’s just our family home. In your opinion do I qualify for an exemption?
A. I don’t know in which state your property is located, nor do I know the licensing requirements in your community. Accordingly, I can provide you only general advice.
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From what you have told me, it does not appear that your home is a business. I would contact a supervisor in the agency that sent you the notice and meet with him. Take pictures of your property, show them the utility and other bills that your son pays, and even get an affidavit from your son that he does not pay any rent — just upkeep and maintenance.
If the city persists on pursuing this matter, I would appeal to a higher level. I would also talk with your local elected city representative.
In the final analysis, you may have to pay the license fee and file a suit to enjoin the city from pursuing this further.