Got Noise? The HOA Noise Disturbance Blog You’ve Been Waiting For

HOA Noise Disturbance Guide

Got Noise? The HOA Noise Disturbance Blog You’ve Been Waiting For

 Got Noise? A Guide to Handling Noise Disturbances in the HOA

The 2 a.m. blast of music coming from an adjacent home, the constant yapping coming from a neighbor’s adorable but excitable dog, the loud peacock (yes, we’ve had complaints of this before!), the click-clack of high heels on marble that comes from the upstairs condominium – whatever the noise disturbance, if you’ve shared adjoining walls or lawns with someone, you’ve probably experienced some form of it.

And you can be sure that, as a member of your HOA’s board, members will come knocking on the board’s door when they’re on the receiving end of obnoxious noise disturbances.

The trouble is, a perfectly reasonable sound to one resident may be nails-on-a-chalkboard annoying to another. How do you navigate those tricky waters? Here, some essentials to consider:

 

1) Review City’s Noise Ordinances

 

First things first. Every city has its own codes regarding noise disturbances, so checking your city’s ordinances is an important beginning step. Consider the city of Mesa, which has outlined its codes to include standard prohibited noises (after 10 p.m. and before 6 a.m.) and others more specific (using an automobile to “create loud and unnecessary grating”). Find out first what your city and its police department regulate.

 

2) Consult HOA CC&Rs

 

Your HOA’s Covenants, Conditions, and Restrictions (CC&Rs) should provide some guidance as to what kinds of – and how much – noise is acceptable. (If it doesn’t, your board will need to address these guidelines and establish them for the future.) You’ll also need to review what course of action you’re required to take, if that’s been outlined.

 

3) Act Quickly

 

If you find out that a resident has installed new wood or tile floors – or other remodeling projects that affect sound – without approval from the HOA, and you ignore or put off their neighbor’s noise complaint, you could leave the board open to a lawsuit. Do your research, but don’t delay too long in taking the appropriate action.

 

4) Take an Attitude of Mediation

 

It’s important to adopt an attitude of mediation and resolution regarding noise disturbances. You don’t want what could be minor conflicts to escalate. Encourage residents to talk to each other first, perhaps mediated by some members of the board, if necessary. If a solution can’t be worked out, offer to bring in a third party – perhaps sound or other engineers who can test walls, floors, etc. – to see if what is being perceived by one party as an over-the-top sound is actually normal. The outside opinion could help to de-escalate the situation.

Comments 8


  1. Floyd

    What are the HOA rule concerning barking dogs for 2 1/2 to 3 hours at a time? The dogs are outside and if I can hear them in my home I know the owners can hear them. And what are the rules relating to times the dogs are barking. I think 3:30 am and 4:00 am are definitely too early to put dogs out and ignore them. Also, is there a limit to the number of dogs allowed at one residence?

    Thanks.

    • Courtney Schwartzel Post author

      This matter would fall under City Code Compliance. The number of dogs allowed per residence may be determined by the HOA CC & R’s and/or the City regulations. Check with your city first, then check your CC&R’s.

  2. Joanne

    And then what? A dog should not bark for ANY amount of time adding up to hours. Period! The owner SHOULD know their dog and if it is a barker they SHOULD train it. Do not plead ignorance. Get busy and train the dog any way you can. Nip this in the bud and maybe your neighbors won’t hate you and just want to see you and your dog just move away forever! This is happening in my neighborhood right now and people, including me, are on the verge of violence and just wishing they would just disappear from the face of the Earth!!! This is what happens when idiots own a dog. It is sad, but I and my neighbors are past the point of caring, due to stress, frustration and loss of sleep! Hopefully the HOA will come up with a final solution, so our street can go back to its’ peace and quiet status. Thanks and good luck!

  3. Dani

    ok, what about Birds? My neighbor has a beautiful big Macaw but the bird screams soooo loud!! I’m not going to lie, it is pretty annoying but how can you train a Macaw? It is impossible!! The bird doesn’t scream at night, maybe 3 times a day for two minutes each time. I honestly don’t mind cause I go to work but other neighbors are not happy…

  4. Nicole

    So what action can you take when Peoria police have been to a residence 3 times in one night and at least 4 separate times in 8 months. Neighbors adjacent to me and also behind me have resulted in 10 complaints to Peoria police and they handle the residence next to me very differently than the one behind me. I get attitude from the women who answer the phones because I now start the calls a few mins after 10/PM because I know I’ll be woken up when it gets rowdy arojnf 12pm and it won’t stop until 3 am. I guess it’s acceptable for some residents but not others?

    • Courtney Schwartzel Post author

      Thanks Nicole, sorry to hear about this.

      Has a report been filed or are the calls anonymous to the police department? We have no way of knowing whether the police gave a warning or filed a report when they came out 3 times in one night.

      We recommend you file a noise/nuisance complaint. Continue to contact the police. Every community action officer that supports our communities have advised the same, call, call and call so they can ensure presence in a community and so they can address ongoing issues. The problem may not be resolved in one police visit and it may seem to be going on and on however if you continue to contact p.d., they will respond. Please note however, due to the nature of the call to any police department, there may emergency calls that are taken care of first.

      We can try to reach the Peoria Community Action Officer today, however he/she may not return our call as quickly as needed. Would you like for us to contact him/her? Please let us know – email dawn@pdsaz.com.

      The Peoria Police Department has an interactive page on the City Website: http://www.peoriaaz.gov, Click on City Departments, then click on Police Department to go to the Police Department’s webpage.

  5. Dmurdock

    In our neighborhood there are two different families that have parties constantly. Loud music and crowding of the streets with vehicles. They sometimes start at 10:00AM and go for the full 24 hours. LIVE BANDS, Bounce Houses, HOA, Sundance Ranch won’t do a THING ABOUT IT. So cops are called at 10:00PM, 11:00PM, every hour on the hour until they quiet down. As soon as the cops leave, the music blasts again……very sick of these inconsiderate people, that don’t speak English or pretend to not understand, DO SOMETHING OR WE WILL!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!

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