If manager can't help with noisy neighbor, talk with condo board president

Q: I recently purchased a condominium unit and live on the third floor. I have a noise problem with the unit above me. I can hear the people walking back and forth, getting out of bed, and going about their everyday activities. New owners purchased that condominium last week. I believe the previous owner installed a low-grade laminate directly onto the plywood floor with no padding or sound-dampening material. I talked to the condominium association manager, and he says there is nothing that can be done. Is there any legal action I can take?

A: Noise is very subjective. I often have joked that one person's definition of music is another's definition of noise. Some people are more sensitive to sound than others, so it will be your obligation to prove that the noise you hear is above normal standards.

I am surprised at the property manager's position. At the very least, he could have gone into your apartment to determine whether there really was a problem.

The first thing you should now do is talk with the president of your association's board of directors. Invite that person into your unit for an inspection. In addition, ask your immediate neighbors whether they experience the same issues. Typically, a condominium association does not want to get involved in disputes between just two unit owners, but if the problem is wider, then the association has the responsibility to ensure compliance with the legal documents.

You should review those documents, especially the rules and regulations section. All such documents specifically include language that prohibits disturbing noise. Typical language would read as follows: "Unit owners, residents and lessees shall exercise extreme care to avoid unnecessary noise or use of musical instruments, radios, televisions and amplifiers that may disturb other unit owners."

Many associations require that a unit must have adequate floor covering, such as rugs, over 80 or 90 percent of the unit. If that is the rule in your association, demand that the manager inspect the upstairs unit to determine whether it is in compliance.

If there is no such rule, you should discuss your concerns with the board of directors. It might be willing to enact such a rule.

If it becomes necessary to prove that you have a problem, you should retain an acoustical engineer, at your expense. This professional can determine whether the noise in your unit is within the acceptable decibel range. The engineer should also inspect the upstairs unit, so he can provide suggestions as to how to resolve the problem.

You should alert your property manager that an engineer will be doing an inspection so that appropriate arrangements can be made with the upstairs neighbor.

Once you have a report, and assuming that it demonstrates unacceptable noise, show it to your upstairs neighbors. Explain that you are very troubled by what you hear and ask them to take appropriate steps to correct the situation. For example: Carpets could be put on the floor throughout the unit; in some cases, floorboards could be made more secure. (Often, hammering down nails will solve the problem.)

If all else fails, you can take that owner to court, alleging a private nuisance. But litigation is time-consuming, expensive and uncertain. Discuss your situation with a lawyer to determine whether it's worth the effort.

Benny L. Kass is a Washington lawyer. This column is not legal advice and should not be acted upon without obtaining your own legal counsel. For a free copy of the booklet A Guide to Settlement on Your New Home, send a self-addressed stamped envelope to Benny L. Kass, 1050 17th St. NW, Suite 1100, Washington, D.C. 20036. Contact Kass at blkass@kmklawyers.com.