What to do about noisy floors?

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What to do about noisy floors?

I am a renter living in a renovated condo. The condo is 30 years old and not all owners sold out to the new management/HOA. The people above me are one of them. Their floors are so old that I hear ever squeak, step, walk or drag. I complained to them but they blame the building (but that is false). My landlord keeps sending them e-mails but they don’t care. Can my landlord or I do anything if they don’t have to bide by the HOA noise rules to make updates? I really don’t want to move.

Asked on May 2, 2011 under Real Estate Law, New Jersey

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

If there are HOA rules regarding noise and/or maintenance that are applicable, they can be enforced. The HOA can enforce them; it may also be possible for you, as a third-party beneficiary of those rules, to enforce them as well, and you should consult with an attorney with condo experience to investigage this option.

Unfortunately, if this is unavailing, you may not have other useful or good options. It is very unlikely that the noise you describe would rise to the level of a being a nuisance (you can ask your attorney when you consult with him or her), which means that that recourse or way of coercing action would be unavailable to you.


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