Real Estate & Property Law

Landscape Noise in HOAs and Condos - Is It Negotiable?

II have written alot about noise issues in condos and HOAs. Most involve hard surface floors, children, dogs and such. Here is a new one!

From a reader: "I''m emailing now to mention a situation of my own that I've not seen you address, in case the topic is of interest to you or your readers. Given all your terrific material on neighbor-neighbor noise issues, I'm surprised this problem hasn't come up more often: landscaping noise! I know leaf-blowers are intensely controversial in other settings, but I'm not sure how often people are bothered by their use, or the use of other heavy machinery (in my case, the leaf-blowers are actually the least of it!) in landscaping operations performed by the
HOA and its agents.

I work at home, and I'm being driven slowly batty by this. When the machines descend outside my unit (literally *right* outside -- I hear them bumping against my front door from time to time!), they're here for sometimes as long as an hour, and meanwhile, there's no place inside where I can work, read, take phone calls, or even just sit and relax. It's physically and psychologically miserable! Our manager has indicated that exploring quieter landscaping alternatives is out of the question, as these machines are the "most efficient" ..., and also rejected my request for advance notice of the days when they'll be around my unit (so that I can arrange to be away, or at least to have a car on hand for a quick escape), indicating that while there is a regular schedule, last-minute changes are often "necessary." ... If this were an issue between neighbors, and the noise were of this magnitude, I'd expect the other person to work with me to find a solution ... However, the HOA's position is 100% unyielding, and it's not clear to me whether I have any recourse beyond my lone ballot in the next Board election. So what I'm wondering is whether ... HOAs ... have unlimited powers to interfere with individual "quiet use and enjoyment." Or, do they have any of the same courtesy obligations to residents that neighbors have to one another?"

Answer: These are good questions. It looks like this owner has reasonably tried to find out the kind of information needed so that he/she can find a resolution to the problem. If an HOA or manager wanted to minimize this kind of issue, he or she might include in the HOA or Condo newsletter or a note posted somewhere in the common area a schedule for the days the landscapers would be working around the buildings. It is certainly okay to add a cavaet that the schedule is subject to change if the landscapers or board needs to alter it or schedule emergency work.

This situation does not only bother people who work at home, but also can be very disruptive to naptime for children, or relaxation time for seniors, TV soap time for "addicts" (like my grandmother) and others. I remember one time I was traveling with my children and grandchildren in Santa Fe, New Mexico and we were staying in a townhome. I offered to babysit my granddaughter while my daughter and son in law took a walk downtown. The baby was about 1 1/2. She went down for a nap and it promised to be an easy and relaxing afternoon ... until the landscapers went to work. It seemed like they were beating at the door with the machines, and standing outside the baby's window with the blower for an eternity. The baby woke up terrified and it took about an hour to calm her down. It was very upsetting, to me and to her.

There is a lot of room for improvement in this situation. If the manager can at least let this owner know what the usual schedule is, the owner can try and plan for it, maybe saving up errands to be run when the offensive machines begin their cacaphony. As for the owner, the purchase of sound deadening or noise reduction earphones might help. Try a sporting goods store or gun shop, or maybe a radio shack - to purchase the noise reduction earphones and some nice pleasant music.

This kind of situation might benefit from a "mediation" but the expense is really not necessary. The work has to be done, the question is when, and how difficult it would be to ask the landscapers to try to keep to a particular schedule around the building involved to accomodate a person who is a "work at home".

This is not rocket science. All it takes is a little common sense and compassion for a fellow human being.

Full post as published by California Condo & HOA Law on July 28, 2009 (boomark / email).