September 08, 2020

Condo Q&A: What Can We Do About Noisy Neighbors Upstairs?

Understand how your condo docs address nuisances. Then send your neighbor a written notice on how their noise is impacting you – and copy your property manager.

STUART, Fla. – Question: We are having a very difficult problem with noise created by the condo unit located directly above us. We have proof that the above unit has not been outfitted with a sound-barrier layer beneath the tiled floor. This situation has already caused us two years of awful stress. The occupant is unfriendly and the actual owners are ignoring us. Our management company has failed to take any action. What can we do? – B.B. Stuart

Answer: The first thing that you should do is to take a look at your condominium’s governing documents, including the declaration and bylaws. It is likely that the documents specifically address nuisances and provide that owners cannot create a nuisance. A nuisance occurs when there is a substantial, unreasonable interference with another person’s use or enjoyment of their property.

In other words, one property owner simply cannot use their property in a manner that interferes with another property owner’s right to use their property. In that regard, noise can certainly be considered a nuisance. But with a caveat. Florida law will protect individuals under what is known as a reasonable person standard. In short, would a “reasonable” person be bothered by the nuisance, in your case, the noise?

Noise is a subjective thing – what is unreasonable noise to one person may not be so to another who is similarly situated. Thus, the law was not designed to necessarily protect someone who may be “supersensitive” to noise. Some people tend to be more sensitive or allergic to things such as noise, smoke, mold, light, etc. When someone is hypersensitive, they may think that the non-sensitive persons living around them must legally accommodate their sensitivity. This is simply not the case.

That being said, condominium associations must enforce nuisance provisions in their documents when an actual legal nuisance arises. If the noise from your upstairs neighbor is demonstrably a nuisance, the property manager and the board should act upon it. You have the absolute right to legally complain if the conduct of your upstairs neighbor is impacting your use and enjoyment of your unit.

I understand from your question that your neighbor is a difficult individual and is ignoring you. But, if you have not done so already, my advice is that your first step is to put them on notice in writing and to copy your property manager on the letter. Since they are unfriendly and/or not responsive, perhaps they are not aware the extent to which the noise is affecting you. You should also speak to your other neighbors to see if they hear the noise and are unreasonably impacted. Unfortunately, it can sometimes be difficult to get an association to intervene in this kind of situation, especially where there is only one neighbor who complains. The more support you have for your complaints, the better position you will be if or when you make a formal complaint to the property manager and, ultimately the board.

Remember, the operative question is whether the sound that other residents are making is unreasonable? While the noise may cause you a disturbance, are your neighbors doing something that most people in your development would or would not consider to be a problem?

You also mentioned the issue of soundproofing between the floors. If that is a problem, your issue may not be with the neighbors, but with the level of sound transmission between the units. If that is the case and the building was just constructed in such a way that it allows sound to travel between the units, you likely don’t have a claim against the association and you should speak to an engineer or a general contractor about taking steps to minimize the decibels between your unit and the unit above. You may be able to have some sort of sound insulation installed to minimize the sound transmission impact.

Unfortunately, at the end of the day, there are all kinds of noises that people need to live with when they live in a building, whether it is an apartment building or a condominium building. As a resident in a building, there are just certain things that you have to put up with as normal noises and the law is not designed to protect residents from noises that are merely a part of ordinary building living.

However, if you truly believe that your issue rises to a level that is not considered “reasonable” or “normal,” then you may have an actionable legal claim. There are just so many factors that need to be considered before you embark on that road that you should consider speaking to a qualified attorney if your own efforts prove to be unsuccessful.

Harris B. Katz, Esq., is managing partner of the Law Firm Goede, Adamczyk, DeBoest & Cross, PLLC, in Boca Raton. The information provided herein is for informational purposes only and should not be construed as legal advice. The publication of this article does not create an attorney-client relationship between the reader and Goede, Adamczyk, DeBoest & Cross or any of our attorneys. Readers should not act or refrain from acting based upon the information contained in this article without first contacting an attorney, if you have questions about any of the issues raised herein. The hiring of an attorney is a decision that should not be based solely on advertisements or this column.

Information provided by Florida Realtors. Click here to see the original article.

Condo Q&A: What Can We Do About Noisy Neighbors Upstairs?

Understand how your condo docs address nuisances. Then send your neighbor a written notice on how their noise is impacting you – and copy your property manager.

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