lawyers/neighbor/noise/Townhome associations, Baned from all auto activity Options

[drive-ability]

My neighbor launched a lawsuit naming me and my association as defendants, the suit is based on noise from my garage. This is a condo/Townhome and we are attached. The short story is she hired the biggest law firm who enlisted a sound specialist to study the noise. This was a huge dog and pony show in there there sound specialist had recorded 3 weeks of sounds, in short my garage is now off limits to anything but parking. (IMG:style_emoticons/default/WTF.gif) I suspect she put out between 5 and 7 thousand dollars to whip this together.
P.S. Its not over till the fat lady sings, however I wont spend a cent on lawyers.. The noises that made the cut were all from making parts, cutting, grinding and hammering. I'll just have to make the parts somewhere else, however I wont stop tinkering and didn't spend a cent.

This brat is gearing up to do a sound study based on household noise, she says we wake her up every night, so I suspect there will be a round two.. I would guess its going to be a much harder sell for her to get traction with this issue..

I hate condos x infinity but its made me 500K in the last 10 years but will be replaced by a farmhouse home in Washington state some time soon..

[tdgray]

Yep... total PITA is what HOA's etc are... of course then you have my situation.

I specifically built in an area where the HOA rules were expired and there are minimal laws etc... we live in a township...no city government blah blah.

All is fine and dandy until your asshat neighbor decides that he will buy his idiot of a 16 year old the loudest freakin ATV ever made. (IMG:style_emoticons/default/mad.gif) which he insists on riding on a 1/3 to 1/2 acre lot. (think going around and around in a circle basically).

It is so freaking loud that it shakes my windows at times... you can't even hear the TV with the windows closed.

Of course we asked nicely...several times... to have him take it elsewhere and they basically told us to STFU and live with it.

Over the summer I invested over 25K in my backyard to put in a pool and major landscaping to further my enjoyment of my property and now I can't even stand to be out there when he is riding that thing.

I tried to go through the proper channels... township trustees etc... they were more interested in futhering thier own agenda than actually helping. I have called the Sheriff etc... no help there as there are no noise laws (hmmm circular arguement here).

Sooo... if I want to enjoy my yard again I am basically going to have to sue the bastards (IMG:style_emoticons/default/sad.gif) I don't want to do it but I feel like I have no choice.

It does not sound like your nieghbor tried to work things out with you as we have... thats unfortunate. I completely believe that people are waaaay to quick to get the lawyers involved these days and your situation sounds as if you just have a PITA of a neighbor. Sorry for your situation.

[lotus_65]

did she come to you first, maybe ask if there was a reasonable compromise you two could come up with? was there any communication to you from the association, or is this a complete surprise?

i kinda understand a level of frustration with noisy neighbors, especially in a townhouse or apartment setting.

good luck finding the farmhouse! sounds like this is your ticket... small house, big garage! (IMG:style_emoticons/default/smile.gif)

[Jake Raby]

Thank god for country living!

I'd probably be in jail within a week after living anywhere that had stupid damn rules and guidelines to follow...

Give me a break..

[So.Cal.914]

Man that sucks, does she own a horse? (IMG:style_emoticons/default/dead horse.gif) Make her an offer she can't refuse...

[computers4kids]

CC&Rs...condos & alike..I would never, ever live in one again. Associations are a pain in the ass. There is always somone who has nothing better to do than make everyone's life miserable.

We all have to be considerate of others, but sounds like this one has a stick up their (IMG:style_emoticons/default/KMA.gif)

I think we should have the next 914 rally at your place...and everyone must leave their mufflers at home. (IMG:style_emoticons/default/driving.gif)


PS I still want your car

[rick 918-S]

I would never live in a place where HOA ruled. We have enough government intervention in our lives without some busy body with no life getting into our business.

(IMG:style_emoticons/default/WTF.gif) tell her to get a hobby!

What is the penalty for making noise now? Go to the doctor and have your hearing checked then turn up the TV and stereo! When she complains tell her you have a hearing problem.

How about bringing in some farm animals. Maybe a rooster! (IMG:style_emoticons/default/av-943.gif)

[Krieger]

I hate HOA! I would get kicked out for noxious smells that I emit. Maybe you out to have a big bag of fertalizer upwind/near her kitchen for your "garden". New distraction-think 3 year-old, she could then spend more $ on some sort of odor analysis. What about a green/but stinky composter. You could drive her out by the hi costs of her legal crap. What other senses could you involve that are not involved in your codes---yet. Fight the good fight against those communist bastards!!!!!!!!!

[rhodyguy]

if you can pull the trigger, now would be the time to start looking into some land up here. eastern or western wa? you can pick up a nice 60's era rambler on acreage (1-2) in my area, usually with outbuildings, perhaps a barn, for between $250-$300k. when were were shopping, the downside to the "farmhouse" was they usually needed major repairs/upgrades. we're in our place for the long haul. no stairs other than 2 steps to enter the house. my neighbor's houses are about 150ft away on either side. perfect. houses burn down. land is forever.

k

[McMark]

I have a friends who is kept up a few nights a week by barking dogs. The police won't do anything, the owners won't do anything and the final result is they just have to 'deal with it'. They're now thinking of selling their house just to get away from this dog. So in their case, it sure would be nice to have someone take action.

But on the other hand, any set of rules is only as good as the person enforcing them. If I were in your situation, I would try to negotiate with the person. They have rights to quiet, but you have rights to make noise. It seems like a 'curfew' is an obvious solution, perhaps soundproofing your garage would be a good idea too. If it's bugging her, chances are it's bugging other people too who don't speak up.

[BMXerror]

My neighbors love to ride their quads in the back yard in circles for hours. They also have three new trucks all with loud ass exhausts and they come and go at all hours. The dad is also a truck driver who brings his truck home with him, and then has to warm it up for half an hour at 3:00 am. This is in addition to the two stupid ass dogs that they won't keep quiet. That's all fine. We'll just see what's what when I start my jet engine conversion for the 914. (IMG:style_emoticons/default/happy11.gif)
http://www.youtube.com/watch?v=XBXrnES2tqc
Mark D.

[boxstr]

Building townhouses in the past we always put in what was called a "party wall". Meaning there was 12" off airspace between the two opposing walls. Plus we put in a sound deadining material.
I think this may not be the case in some Apartment conversions.

HOAs can work both ways. You may like them but when it is your space that is being encroached upon, you like having them.
When it is the other way around, you don't like them so much.
Contact your HOA President and try to work within the CC&R's.

The housing market is in a slump in the PNW currently, so this may be a good time to make that move. Good luck
CCL

[brer]

you live in a townhome and I hate to say it but you are probably out of line grinding and cutting on a regular basis, as much as it sucks. One weekend here or there you could get away with maaaaayyyybe.

Be repectful of your neighbors and behave as if you are cooking meth. No one knows no one cares. If you break out the paint gun or grinder with the garage door open you will have problems and kinda rightly so.


Just be sure to warm your car properly whenever you drive it. They can't say shit about that.

(IMG:style_emoticons/default/biggrin.gif)

[andys]

An attached townhome/condo is certainly not conducive to to having a workshop in your garage. Difficult to fault someone for being bothered by your tinkering in the adjacent unit; did she ever approach you in this regard before enlisting the services of legal counsel? Some people are less tolerant that others, that's for sure.

Retired lady across the street and two doors down from me sometimes complains about my workshop noise, but no one adjacent to me. I have two dogs that I've trained to minimize their barking; they bark if someone approaches but no incessant barking for hours on end like one of my previous neighbors. I still remember asking her kindly only to get the big F-off attitude.

Problem with noise issues is that everyone thinks THEY are right.

Andys

[Dr. Roger]

I have a HOA. Amazingly I haven't received a noise warning... but that's only because I try to keep my noise to a minimum. When I'm' making noise it's only occasional.

I noticed when I first bought this place a general contractor was building these million dollar places across the street for almost a full year. I was so pissed because when I bought there were empty lots and a peaceful environment.

What was I going to do, complain?
The city said they had the right to make noise until curfew time. 10PM.
I lived with it but had to get an attitude adjustment in the process.

So now I respect that law and do the same. But with a little more courtesy.

Can't wait till I get my land and high tech farm house and an enormous workshop.

=)

Best of luck to you.

Roger
(IMG:style_emoticons/default/beerchug.gif)

you live in a townhome and I hate to say it but you are probably out of line grinding and cutting on a regular basis, as much as it sucks. One weekend here or there you could get away with maaaaayyyybe.

Be repectful of your neighbors and behave as if you are cooking meth. No one knows no one cares. If you break out the paint gun or grinder with the garage door open you will have problems and kinda rightly so.


Just be sure to warm your car properly whenever you drive it. They can't say shit about that.

(IMG:style_emoticons/default/biggrin.gif)

[Dr Evil]

In my experiences HOAs have been more of a bother than a blessing. The one I currently live in has a rules guy that called the cops on me twice because my parked cart had an expired inspection sticker. The ass didnt even approach me, but the cops said that they had no problem or jurisdiction over the matter.

[race914]

Okay, you hit my hot button! We have some great neighbors too. NOT

First encounter was about my 'reving my cars up' all the time. This was only after they SAW the 914s sitting in the driveway. Both our cars are quiet (under 92db so we can run Laguna). After the compliant, I had to show them that the engine was out of the car and apart and whatever they were hearing was not me. But afterall, the 914s have numbers on them so they must be loud right? I should have know this was coming after they were very curious when we moved in about 'what kind of trailer is that? Doesn't look like a horse trailer'???

Anyway, this unfounded complaint let me know that for whatever reason they were trying to 'pin something on us'.

Next encounter was 'your dogs bark all the time'. Only problem with that one was, the dates they specified we weren't home and the dogs were at the kennel. So again, if they actually heard something it wasn't us. Plus when we are home the dogs are in the garage at night, not outside.

We've since learned that those neighbors are the self appointed 'lords of the street', watch everybody, and turn anyone in that doesn't 'meet their standards'. Too bad they accuse before they actually know what's going on.

After knowing that, I fixed their Snoop visits by telling them my German Shepherd bites (which he doesn't) so they are afraid to come into my yard anymore... That was after I caught them in my yard, and when confronted they said "we heard your dogs kill cats so we're here to see what's going on". What nosey jerks... If I walked into their yard and started looking around, they'd freak. But it evidently ok for them to do it.

Funniest thing for me is, 1 ) their 16 year old is the wreckless driver of the neighborhood! Always speeding, showing off, etc. Just waiting for someone to turn him in : ) or for him to crash. Won't be me. I staying neutral on this one and will let some non-car person take care of it. and 2) they run leaf blowers all the time which are really obnoxious. Even saw them running a leaf blower down a dirt trail the other day? Don't want any leaves on your dirt road! So I guess making alot of noise is OK for the goose, but isn't OK for the gander. Or something like that.

Did I mention we are on 2 acre lots and this isn't my next door neighbor but the one on the other side of my next door neighbor??? My neighbor 'loves' these people too..

Good luck with your neighbor, I agree with your strategy, let her burn lots of $ and just work around it. She'll run out of $ or interest at some point.

[914-8]

Have you reviewed your CC&Rs? If not, you should. What do they say about the garage?

A lot of times, they say the garage can only be used for parking and storage. Sometimes they go further and SPECIFICALLY say that no automotive repair or maintenance can be done in the garage.

[drive-ability]

I realize there are too sides to every situation and I do make a little noise from time to time but its never before 10 am or after 6 pm. Her lawyer's saying the CC&Rs say the garage is for parking and storage. My HOA board said I could do what I want but between the above hours. My impression is her lawyer would have to prove the CC&Rs state theres no repair etc in the garage. I think its a mute point because the board will cave in on me because its cheaper. I believe that 99% of any objectionable noise happens when she's not home, because I listen for her and plain accordingly.

Its my understanding she will next go after my wife, ya she says she makes too much noise getting ready for work.. Ya shes a jerk for sure. We have a normal 2 person home, no one plays loud music or anything inside the house. I'm sure there will be a sound study ramping up again pointed to the inside of the house (IMG:style_emoticons/default/chair.gif) I 'm not going to change anything in the house, let her spend her money on lawyers and studies, when its all said and done I let them diagnose the problem.

I have no plain to stop working on the car, I will just move all the noise makers to the back yard. That way she wont be able to here them..

You should have been there, big time attorney had the hole floor in a big time building. My board and our lawyer were all white. I almost asked the boards lawyer if he wanted her lawyers autograph Ha Ha Ha. My life is good and I could care less about all of this crap, I just let her spend her money and inch along with whatever the board asks me to do.... (IMG:style_emoticons/default/biggrin.gif)

[Rick_Eberle]

I know you guys don't have much in the way of privacy laws over there, but SURELY her recording you without permission is something you could use against her???