Legal action against canI take against an HOA or management company for faulty A/C equipmentunit in another unit?

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Legal action against canI take against an HOA or management company for faulty A/C equipmentunit in another unit?

The unit below me has a faulty A/C unit which causes the pipe and/or drainage lines within the walls to vibrate and shake the walls. In the evenings it is so loud that it keeps me from falling asleep. I have told the property manager and he has come up and witnessed it firsthand. He was in contact with the tenant below me but nothing has been resolved. It’s been 2years, what should I do? Can I sue the HOA or the management company?

Asked on September 14, 2010 under Real Estate Law, California

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

Ok so you are being denied the quiet use and enjoyment of your dwelling which is a "habitability" issue under the law.  You have been very patient and now you need to start making nose over and above the unit itself.  You need to start sending letter to the HOA, the management company and to the tenant on the matter stating exactly what you have stated here, that it has been "witnessed" first hand by their agents (be general and let them all worry but use the word "agent"), and that you are being continually denied the quiet use and enjoyment of your condo.  That it is effecting the habitability and the value of the unit  That their actions and the situation is in violation of your rights under the condo and association rules and declaration and you want it remedied immediately.  Then seek legal help if it is not.  Good luck.


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