Question:
[Since March 2022] How do you report HOA for violating their own rules? If you feel your HOA is not supporting you with the convenant of your right to peaceful quiet enjoyment? After 3 mediation reschedules [from tenant above] and after several requests for the inspection report they did months ago I finally received the report of their soundproofing/contractor assessment and estimated costs that I would have to pay in order to have a peaceful living space. I recently had no choice to hire legal counsel. I have 500 live videos of my surveillance cameras on 24/7 days a week all hours of the day, evening and mornings. She claims her floors are soundproofed + extra. Her floors are a nuisance all hours of the day that has caused me anxiety, panic attacks, lack of sleep, no rest +extra harassment with dropping items in the middle of the floor to let me know she is upset with me +stomping +dragging stuff across the floor, etc… Very barbaric living conditions I live in currently. I most recently started to call the police and they had also heard her stomping on my floors while they were talking me at the door. I have resulted to keeping an ongoing written log of the worst days since last year October 2022. Floors snap loudly [when walking above] throughout my unit in addition to snapping + popping +crackling. She claims she has a medical condition ?allergies? She has been more than inconsiderate with the heavy walking [sometimes 3 people at a time]. In their rules and regulations they do not allow hardwood floors plus the right to peaceful enjoyment. What I don’t understand is why they are making excuses that the Bldg is old. I have stayed in buildings over 100 years old and I never have experienced such noise in my life.
+ she did my escrow/works for title company + neighbor above me [nuisance hardwood flooring]
+ my realtor was the VP of the HOA at the time [never disclosed] I specifically told him no hardwood floors above me [he did not know of this]
My attorney will be involved in a few weeks but in the meantime looking for other alternatives for help! Is there anyone in your organization that could help me guid me? I have all the live video proof, written dated/time captured logs that is needed plus 6 police reports [2 officers heard her stomping]. It is not only a nuisance but I feel my HOA is not doing enough but cost me my health, peaceful enjoyment + $ forced to hire an attorney.
– Angelina
Answer:
Hi Angelina,
Kindly check your HOA’s governing documents regarding the prohibition of hardwood flooring. If there is a prohibition, then the resident above is in violation of the governing documents. Approach the board and talk to them about the breach so they can enforce the rules.
If the board neglects to enforce the rules, you may opt to remove the problem board member. Unfortunately, there is no governing body in California that oversees HOAs. In this case, you may seek legal counsel from your attorney.
Disclaimer: We are not lawyers. The information provided on this website does not constitute legal advice.
