We live in a condo unit and own our unit.

The neighbors above us also owners recently put in an air conditioner unit that is outside and 5 feet from our bedroom window. To help drown out the noise when it goes on at night we have to keep our bedroom windows and shutters closed. The hookup goes up the outside wall right next to our window and at night when the unit goes it is actually vibrating our wall and wakes us up. We have tried to talk to the owner requesting they not run the unit after 10pm but his attitude is that he wants to keep his unit a constant temperature so will not change the settings. We are seniors 72 and 68, still working,but selling our unit to buy in a better situation would be a hardship for us. We can try to talk to the Association Management company but the owner is on the Association Board of Directors so what are our legal options. Just looking for direction to resolve this unfair issue.

Asked on June 25, 2016 under Real Estate Law, California

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

If your neighbor has not violated any association rules or any zoning or noise ordinances, there is nothing you can do--but conversely, if he has violated any such rules or ordinances, you can take legal acton to enforce them.Simultaneously review all the association rules--is there anything about noise? about placement or size of AC units? etc.--and contact the municipal police and the building dept. to ask about noise ordinances and building code about air conditioners. If there was a violation of association rules, then as someone who is a beneficiary of those rules, you may be able to sue to enforce them; if any ordinances or code was violated, the appropriate agency or department may take action to enforce them (e.g. fine the owner until he fixes the condition). You need to look for some violation to be able to take action.


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