[jerome33]

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My neighbor always makes noise in the middle of the night and my HOA is not doing anything about it. I have submitted multiple complaints and they said they would take action but nothing has happened. My neighbor STILL plays music very loudly at 2 in the morning, which is messing with my sleep schedule. My neighbor does not own the unit – he is a tenant. Can’t the HOA just evict him?

[dolphran]

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Have you tried speaking to neighbor at all? Seems like the kind of thing that could be resolved neighbor-to-neighbor. Maybe you could also try talking to the unit owner (their landlord). There are typically nuisance clauses in lease agreements.

[jerome33]

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I have talked to my neighbor on multiple occasions. Each time, they agreed to keep the noise down, but it has not happened. I’m afraid that if I talk to them again things may get violent or heated. I have no way of contacting their landlord as I do not have their contact details.

[dolphran]

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Document the noise. Present evidence. Maybe your HOA just doesn’t have enough evidence to support the violation claim.

[jeannie13]

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While I completely empathize with you (as I have been in your exact position before), the HOA can’t just simply evict your neighbor. There are legal processes in place, and rarely does an HOA have the power to evict a tenant, especially without cause. However, your HOA should absolutely act on your complaint, and perhaps they already have. Violations can take a while. Perhaps your neighbor already received the violation notice and have been fined. Perhaps they are being fined everyday for ongoing violations. It is also possible that the HOA is trying to get in touch with the unit owner/landlord, as the violation might go through them first. These things can take time and don’t just magically resolve overnight.

[dolphran]

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I would also check your declaration if I were you. Make sure it gives your HOA the authority to even act on violations. There may not be a nuisance/noise rule in the declaration, too.

[dec0der]

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Noise complaints go to the local Police. Once you get the police involved the noise will stop.

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