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condo unit underneath mine noise complaints and ceiling water damage claim

Discussion in 'Condo & Co-op Issues' started by JimSunshine, Jun 7, 2018.

  1. JimSunshine

    JimSunshine Law Topic Starter New Member

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    Jurisdiction:
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    1) January 31th, the unit underneath mine complained about noises coming from my unit, that they woke him up every night at midnight. The management wrote me up for violation just like that without applying due diligence, the story was one sided even after I told him I only spent about 1/3 of the time at this condo, I still live mostly at my other house, and I had proof for it.

    At the hearing for this violation on 3/5, the complainer did not show up, the board still insisted on upholding my violation.

    2) during this hearing I learned about another noise complaint was filed against me, it was discussed between the complainer (the same unit) and the management without me even knowing about it.

    For this second complaint, the management asked the complainer to keep a log of time and dates of the noises and to record the noises, for which the management received only the log of time and dates, no recordings.

    3) Only two week after the first noise complain, the management notified me regarding a water damage on the ceiling of the same unit underneath mine, that they since determined the water came from my balcony door. I requested to have my own contractor to take a look and I requested an arrangement for this visit, and that I would pay my share of the repair if my contractor agreed that it was due to my unit. I received no reply.

    The contractor of the condo came to my unit to take pictures of my balcony door and wanted to re-caulk the door frame right there and then, I did not allow them to do it, because I wanted to preserve the condition for further investigation.

    At the hearing on 3/5, I requested again for arrangements for my own contractor to come, I stressed again that I would pay for the damage if my contractor agreed on the cause, for which I got no response.

    Before I left the hearing I requested to meet with the unit owner with the board present to compare dates of the noise, I would bring proof of the dates that I was at my another house. The board agreed to do so.

    Two days after the hearing I did not receive the complainer’s noise log, I requested it, the management said that after deliberation, they decided to drop the violation, therefore he would not email me the noise log. He informed me regarding the ceiling damage repair cost, my share would be $410, and he suggested that I use their contractor to do the re-caulking, which would be $85, I asked him to send these to my insurance, he said since it was under $500 and that amount probably was under my deductible, therefore there was no need to involve my insurance co.

    2 days later, I received a letter from HOA attorney informing me the repair cost was my responsibility (I would share half of the cost for this type of damage according to the bylaws), he asked to speak with my attorney if I had one.

    I later found out that the previous owner of my unit was harassed constantly for years by this individual about noises and he pounded on the walls to retaliate, the neighbors all told me that this lady was a very quiet person, and the board and the management kept silent about this fact when they wrote me up for violation.

    The water damage looked very old from the pictures they sent me, there were reddish molds, but the complainer insisted that it happened recently right after I moved in. I wonder if it happened before I bought this unit. Is there a way to check on his insurance claim history?

    What are your thoughts on the noise violation write-up and the ceiling water damage claim? thank you all in advance.
     
  2. zddoodah

    zddoodah Well-Known Member

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    1. No.
    2. Having neighbors above or below sucks.

    Not quite sure if there's a legal issue that you want discussed or, if so, what that issue is.
     
  3. JimSunshine

    JimSunshine Law Topic Starter New Member

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    I actually do have a couple legal questions:
    1) the board and the management wrote me up for noise complaints based on one-sided story, not only they didn't do due dilligence, they also knew this person harassed previous owner (of my unit) with wall poundings in retaliations about noises and his entanglements with several other neighbors, and they've been quiet about it.

    2) the ceiling water damages looked very old, we thought the damages must have occurred long before I moved in, is there a way legally to look into this guy's insurance claim history, to see if he made such claim already?

    3) if my contractor looks at the water damage and decides that my unit did not cause the water damage, then what? can the board insists on going by HOA's contractor's opinion? I also found it suspicious that they made the sum that I am responsible to just under $500 (my deductible) so that they don't need to deal with my insurance company.

    Could you please provide me with your advices, much appreciated.
     
  4. army judge

    army judge Super Moderator

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    I have no thoughts on any of it, but thanks for another cool internet story, mate.
     
  5. adjusterjack

    adjusterjack Super Moderator

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    Yes, there is a way to check insurance claim history. It's called a CLUE report and you can get yours at:

    LexisNexis Personal Reports

    How you get your downstairs neighbor to give you his is probably going to take a lawsuit.

    Considering how one-sided this Spanish Inquisition is against you I think I would be hiring a lawyer to send notice to the neighbor and the HOA that this won't be tolerated anymore and a lawsuit will follow against both if it isn't stopped.
     
  6. zddoodah

    zddoodah Well-Known Member

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    I agree with "adjusterjack's" comments. There's not a lot a bunch of folks on a message board can do for you because a lot depends on the nature of your residence (condo, townhome, something else) and the governing documents as they relate to the division of responsibility between owners and the HOA.
     
  7. mightymoose

    mightymoose Moderator

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    I have to wonder why in all this time you still have not had your own contractor come and inspect the damage?

    While the treatment from the HOA sucks, you don't seem to be describing anything illegal or that would justify legal action on your part.

    The violation was dropped. You have received a bill for which your bylaws indicate you ar half responsible for. Had you brought in your own inspector sooner you might have a better argument to make that the damage was old, but at this point you can't prove it.
    It is going to be cheaper for you to pay the bill than to fight them over it.
     

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