Condo Association Management Blog

In Massachusetts, I think you would have to amend master deed to control conduct in unit. I'm also a little concerned with a possible discrimination claim if noise is ordinary household noise of a tottler. 
 
 
 
 
 
Stephen Marcus 
 
Marcus Errico Emmer & Brooks 
 
Braintree, Massachusetts 
 
781.843.5000

The problem is with the age of the building. Back when the building was constructed, the code for cork and padding under tiles and wood was not an issue. The only way you can get that to change is if the person is putting down new flooring, then they're required to put the proper padding underneath to reduce the noise. I know this for a fact because it happened to me, and the condo I live in is nearly 60 years old (formerly a hotel).

First you stated you live in a 50 + 
 
condo association. Why then is there a 20 month old living above you? 
 
Second, if you want no noise then I suggest that you find someone to sound proof your ceiling, of which can be done. 
 
 
 
I use to rent a 1st floor and the people above me were heavy and rude, they didn't care about being quiet (they were renters) 
 
So when I bought my place I made sure #1 that there was noone above me with children, and second I had my ceiling sound proofed. Good luck and please explain my first question. Thankx

Replying to 's' 
The building is 50+ years old. There is no limit on age of any resident. I appreciate your information regarding sound-proofing.

S - read the first line again, he said that the building structure is over 50 years old, not that it is an over 50 community 
 
 
 

SORRY! MY Bad.........

Here on Folly Beach, SC they built expensive condos and put in hardwood floors on all units. Unless you have rolled concrete or more expensive materials built in the floor you will hear noises. They did not do that in those units. Unless your CCRS, Covenants state that an owner can not install anything but carpet - you can not tell them what to put down on the floors. I would insulate your ceiling. I am lucky between my unit I have a 5 inch air space on my side along with insulation & drywall and on the other unit it has a 5 inch air space, insulation then drywall. this air space looses the noise. The only thing I can ever hear is if someone runs really hard down a stairs which is on the side my kitchen is, since I am a ranch townhome. I have only heard a neighbor once when their grandchildren visited and ran hard down the stairs. I feel very lucky since my unit is 25 yrs old.

Have you tried asking the adults in the unit if they could possibly purchase an area rug for rooms where the noise is most disturbing? ...at least until the child is a bit older and more likely to walk when inside.

c, Yes, I have tried talking to the single mother and she just laughed...she thought it was funny. I know for sure there are rules out there already written that address carpeting in units whether they be apartments or condo's. I just want to add a similar rule. People think I then want to go through all 108 units and tell them to put down wall-to-wall or area rugs. No, that's not what would be done. But if we have a rule like this on the books, it would be there for the ones who are the constant noise makers and the rule could be enforced on them if in fact it's a result of not having any carpeting/area rugs. I'm actually on the board of my condo association and when my issue was brought up at our council meeting on Monday, another council member simply said, "Well then move". Incredible. Thanks for your input.

I live in a high rise constructed much like yours. Our rule is 75% of the floor must be covered by carpet. This is only investigated and enforced if there is a complaint. However, that rule has been somewhat unnecessary as many owners are putting floating floors with sound proofing underlayment on top of the parquet. This has proven to be even more effective than padded carpeting.

Audrey M, That's exactly the rule I'm looking for. Is there any way you can copy/paste to this blog or possibly e-mail it to me at moforbes3@hotmail.com Anything would be very much appreciated. Thanks!

Have you tried talking to the mother and explain all the noises from the toddler? Some people are clueless! We have a condo and have renters underneath us and my 2 and 4 year old know that we have to respect the people below us. Try talking to the mother only, we usually are sensitive to others when it deals with our children! Good luck to you.

S-What type of noise was above you in your "purchased" place? What type of soundproofing did you get; who installed it; did it come with a guaranty that it would work; how messy was it, were the ceilings lowered, etc. Any info would be GREATLY appreciated as you are the first person i have found that has actually had any soundproofing done.

Over the past 7 months, I have had to deal with some very inconsiderate upstairs neighbors. I am not unreasonable with the noise issue; I am not annoyed with the normal walking and noises of living. I am annoyed when grown people are stomping around, running around and playing their music loud at 3am. Let me clarify, coming in at 3am and playing music loud...of course waking me. And yes I mean adults having to be TOLD running from the back to the front of the unit repeatedly is to making too much noise. I have talked to them but it is to the point, I have come to the realization that they simply don't care. In addition, I have noticed when one particular car is here, the stomping begins. I don't know who this person is but it seems to me that the stomping is intentional. Oh yeah, and you can hear them laughing about it. The only good thing is that they are renters but in the meanwhile, is there anything I can do to have them removed before their lease it up or cited? I have contacted the association but nothing has been done.

Frankie, I am a Board member of a condo in Ct. I was also a Board member of a coop in NYC. My suggestion? Always be a Board member. I have the parents and two brothers of an NFL football player living above me as renters. In a one bedroom with a loft mind you. We have a rule that sounds cannot be emitted from unit to unit after 10pm. I realize that does not apply to ordinary sounds that 1,500 lbs of people above you, in a badly insulated building, can make. I, as a Board member, can fine the owner every time the renters play loud music after 10, have parties etc. etc. I think it will deter the owner from EVER renting to renters such as these. Even though the owner doesn't pay the Rule violations, he will not be able to sell his unit if he doesn't pony up! It sounds from what you are saying though, that they are trying to get back at you for something (?) by intentionally stomping. Why do you think that is? Do they seem pissed off that you spoke to them about it?

Thank you Nancie for you response. I have spoken with them about four or five times over the last 8 months, each time very respectfully because I did not want them to go overboard with the stomping. I do not know if the association talked to the owner, who in turn talked to them but all of this was going on well before I contacted the association so I don't believe it was because of my report. All in all, I was trying to resolve it in a neighborly fashion to avoid them getting in trouble with their landlord or the owner loosing income on his invetsment....but I am getting tired of being the only considerate party. I have tried to be the bigger person but I am beginning to feel like that kid who was bullied in the viral video who snapped and body slammed his bully. I will take your advice and become MORE active on the board and follow up with the association about my complaint and inquire about the fine. Again, my only concern is the owner loosing income by being barred from using the property as a rental. And not all renters are bad but these people....they make it bad for others.

Frankie, I was wondering about your comment about barring the owners above you from using the property as a rental. Do you mean as it relates to them bothering you? Does the board have the right to remove them or to not allow the owner to rent again because of them? That doesn't sound right but I am curious about you are saying. The association should let you know what is going on at the very least. I feel bad about the owners above me as well. In Ct I can fine them for every infraction, which I do within reason. They are entitled to a hearing by the Board which we would be more than happy to listen to their side. They are upset, but they are not the ones living here. They are the ones collecting the money and don't care who they rent to. You are right, all renters are not bad people.

I have been dealing with this problem for the last year in half with incosiderate renters above me and a land lord that does not seem to be addressing the problem but side stepping it. We've had meetings with both the owner and tenats and we're promised that they would be more considerate. unfortunatlly that has not been the case. They have two kids that constantly run around and slide furniture along with the balcony door. Our bi laws do state that the owner should have the proper sound proofing material down on the floors or else they will have to reinstall carpet. The tenants just don't get it.