crazy neighbor / Quick update noise law suit, There noise CD Options

[drive-ability]

We received a CD with the best they can come up with in the past 6 months. I broke down the sounds in print. There was no supporting documentation which set any db levels so I guess it wasn't pointing in there favor..
Here is the brake-down.
Yes its really this petty! what a joke!
This is the nuts evidence, seems to me to help my case!


Sounds newest to oldest

4/30/08 Wednesday morning at 10:10 am, 15 seconds using circular saw / wood (blade is dull)
4/30/08 Wednesday morning at 9:31 am 1 min 45 seconds car leaving garage ? Maybe I forgot my garage remote?
4/18/08 Friday morning 9:16 am 37 seconds circular saw / cutting wood
4/13/08 Sunday afternoon 5:11 PM 25 seconds circular saw / cutting wood
3/8/08 Sunday morning at 11:43 am 15 seconds sander
3/8/08 Sunday Morning at 10:26 am 6 seconds sander
2/29/08 Friday morning at 10:13 am 6 seconds hammer
2/29/08 Friday morning at 10:11 10 seconds ? Its likely a noise made by others while my garage door was open. It sounds like two sounds, one from my garage and one from the outside. The louder sound isn't mine.. ?
2/18/08 Monday morning 9: 51 am 19 seconds gig-saw cutting sheet metal
2/18/08 Monday morning 9:50 am 8 seconds gig-say cutting sheet metal
2/18/08 Monday morning 9:37 am 13 seconds Hammer
2/16/08 Saturday morning 8:04 am ?? 1minute 30 seconds car running in front of my carport and driving away.
2/14/08 Thursday afternoon 12:45 P.M. 50 seconds of car and train while leaving garage?
2/13/08 Wednesday morning ? 7:02 am ? 57 seconds idling in front of my carport and driving away is my guess
1/10/08 Thursday morning 8:03 am 58 seconds driving out of garage
1/10/08 Thursday morning 9:22 am 21 seconds moving tools and equipment out of garage.
1/10/08 Thursday afternoon 3:31 P.M. 20 seconds entering garage in car and some other noise outside my garage in the street ?
12/14/07 Friday morning 8:19 am 14 seconds shop vacuum cleaning car and garage. A/O left for work
12/13/07 Thursday morning 11:59 am 10 seconds hammer
12/13/07 Thursday morning 11:54 am 15 seconds hammer
Ted my friend thinking he's funny and doesn't see the seriousness of the situation!
12/11/07 Tuesday afternoon 2:45 P.M. Ted pounding some aluminum flat to a tune
12/11/07 Tuesday afternoon 3:50 P.M. Ted pounding more aluminum flat to a tune
12/4/07 Tuesday morning 9:49 am 6 seconds hammer
11/26/07 Monday morning 10:37 am 18 seconds Gardeners equipment W/ garage door open?
11/23/07 Friday morning 10:31 am 35 seconds I can't say what that is !
11/23/07 Friday morning 10:11 am 25 seconds I can't say what that is!
11/20/07 Tuesday afternoon 2:42 P.M. 12 seconds hammer
11/20/07 Tuesday afternoon 12:03 10 seconds hammer
11/20/07 Tuesday morning 10:10 am 15 seconds hammer
11/18/07 Sunday afternoon 4: 54 P.M. 8 seconds driving away from car port ?
11/14/07 Wednesday morning 10:07 8 seconds hammer
11/5/07 Monday morning 9:45 am 8 seconds sander I think there may be 2 or 3 entry's for 11/5/07 @ 9:45 am listed at the same time but not sure
10/29/07 Monday afternoon 1:53 P.M. 12 seconds hammer
10/24/07 Wednesday morning 7:56 am 7 seconds sander
Two listings for this date and time
#1. 10/24/07 Wednesday 7:49 am 6 seconds of a sander
#2. 10/24/07 Wednesday 7:49 am 32 seconds Vacuum ?

[carambola]

ok dude, i'm no lawyer. just an electrician and i rarely post

but...

aren't you really talking some constitutional shite here
something to do with due process
freedom of expression thing
life liberty and the pursuit of happiness thing


is she willing to compensate you for diminished value/time of your place?


(IMG:style_emoticons/default/beerchug.gif)

[ericread]

ok dude, i'm no lawyer. just an electrician and i rarely post

but...

aren't you really talking some constitutional shite here
something to do with due process
freedom of expression thing
life liberty and the pursuit of happiness thing


is she willing to compensate you for diminished value/time of your place?


(IMG:style_emoticons/default/beerchug.gif)

From what I understand, this is in a condo complex with an active homeowners assn. There are CC&R's which restrict certain types of activities, which were agreed to in writing by the owner of this condo. By the wording in the Preliminary Injunction, there appear to be common walls, so that the inside wall of one unit directly connnects to the inside wall of another unit. Any loud sounds can possibly be directly tranmitted through the walls to the other unit.

This is really not a good place to have a restoration garage. The CC&R's seem to favor the plaintiff. Additionally, condo buyers many times ensure there are restrictive CC&R's so that just such an auto repair shop (or other activity), with it's inherant noise, does not open inside the condo next door.

As much as I feel bad that this situation exists, I wonder how realistic it is to expect a judge to rule against the homeowner assn and their contractual CC&R's. Additionally, since the homeowners assn has already ruled against our friend, the judge would be invalidating the ability of the homeowner's Assn to provide self rule and would possibly be setting a precedent that all homeowner assn's did not have the legal authority to enforce the codes upon which each homeowner contractually agreed upon. This seems to be pretty heady stuff for which the judge to agree.

The Constitution is a very strong argument, until you willingly sign away certain rights as a pre-condition to live in this development. Due-process? You're seeing it in the homeowner assn hearing and this preliminary hearing. Freedom of expression? Sure, within the bounds of community acceptance. Pursuit of happiness? That's a tough one to win on...

Anyway, I hope I am proven wrong, but time and time again, the homeowner assn tends to win these arguments...