Homeowners in an HOA community often live and work on different schedules, especially now, with many folks still working from home. Homeowners should be able to enjoy their garages, backyards, and outdoor spaces. They should also be mindful and considerate of their neighbors. What should an HOA do about noisy neighbors?
Review Governing Documents
Governing documents should provide detailed rules on excess noise. They should state the hours homeowners must refrain from being loud. The rules could even go so far as to specify decibel limits for how loud noise can get. The more specific the rules, the more effectively and fairly the board can enforce them.
If there are no noise stipulations in the governing documents, the board should adopt a policy as a proactive measure. Association members would need to vote to amend the governing documents. Before amending governing documents, the board should seek help from their HOA management company and legal counsel. A committee made up of homeowners to create ‘ruckus rules’ would be a great way to get community support. Rules concerning noise, especially new ones, should be clearly communicated to the community several times before being enforced.
Conflict Resolution
Despite a board’s best efforts to educate and inform homeowners of new or modified noise policies, there will still be those who “didn’t know.” There will still be that incessant barking dog, loud workout music, or late-night shenanigans. Upset homeowners will still ask the board to intervene and stop the issue.
The best practice is for the homeowner to attempt to resolve the issue with their noisy neighbors first. The board should show that they care about the homeowner’s concerns. The board should recommend that they try and talk things out with their neighbor to reach an amicable solution. Remind homeowners that once a problem is resolved – they will still be living next door to one another. It’s always best to try and work it out in a positive way first.
Violation Notice
A noisy neighbor who continues to be an issue after their neighbors have made several earnest attempts to get them to chill can become a severe problem. The board should then have the resident submit an HOA noise complaint letter. The letter should contain specific details and evidence about the alleged offense. Evidence of a noise violation may be a written record of when the noise, complaints from other neighbors, or recordings of the noise. The violation must break an official rule from the association’s governing documents to warrant a violation notice from the HOA. The board cannot send a violation notice due to one person’s persistent pestering, there must be evidence, and it must be documented.
Should the noisy neighbors refuse to stop, the board can deal with the nuisance in the same way it deals with other violations. The board can levy fines, suspend certain owner privileges, or take legal action. The board should always check with legal counsel before proceeding beyond governing document policies.
Associations need to have HOA noise rules in place. Homeowners should talk to their neighbors first, then take it up with the HOA. Filing legal action should be a last resort. Prism Realty Management is here to help your board make the right choices for your community. Reach out to us anytime at (512) 609-8098 or info@prismrp.com.
