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January 5, 2009
SPA NOISE - WHAT IS REASONABLE!!
Having to endure noise from the neighbors? The pre-eminent question is: "What is reasonable noise and what is not?" I like the "take it to the judge rule" using the small claims forum, if you cannot get any relief in working with the neighbor.
However, there are steps that should be tried, first. Here is the email triggering this particular subject (but these principles could apply to other situations as well, such as stereo noise, windchimes, dogs, etc. as well)":
"Over a period of 12 years my wife and I have lived in 5 different CA HOA assoc. I currently live in a community in Calif and the CC&R's do not identify hours of use of pool\spa at a home. My neighbors pool\spa pump motor is 8 feet away from my master bedroom. She runs the motor from 6AM to 11PM if she is entertaining. If not she may turn it off at 10:30PM. This is for 7 days a week. I have met\talked to her requesting she use the timer and set it for 10:00PM. She ignors my request! I have read this requirment in other CC&R's but it doesn't exist in my current CC&R's. I would like to know what is stated as a requirment by the CA Legislation? My wife and I are both senior citizen's and are not well. My wife requires a lot of sleep. She must use the front room during the day."
First, I have to say here that these people seem very accomodating about the noise. They have accepted that the wife must use the front room to sleep during the day, and even suggest that 10:00 at night is a reasonable time to make sure the spa is silent.
I have to agree!!! Reasonable daytime noise is one thing, late night noise is completely another.
I have a spa and do not have to run the motor all day and night to keep it warm enough and working. These people could:
Ask the Board to consider implementing reasonable rules related to spa noise ,,, and enforce them.
If the Board is unwilling, prepare a nice letter asking the neighbor to adopt a reasonable schedule of running the spa when not being used. Some research could be done to find out what a reasonabled expectation is for the motor having to run (no one that I know of sits in their spa more than an hour or so a day anyway - it has to run a certain amount of time to warm the water, but not all day). From the research, make some reasonable requests. I think its fair to ask the spa not be used after 10pm.
If the neighbor is not willing to discuss it, contact a local mediation center - each county gets funds to provide to mediation groups that provide no or low cost services for neighbor disputes and the like from a portion of court fees. Ask them to try and get the neighbor to participate in mediation.
If she is still unwilling, take your letters and concerns to the small claims court. Ask for monetary damages for nuisance. The court administrator (every small claims court should have a phone number) can help you understand the process.
If a small claims hearing officer finds your requests unreasonable, then its a dead end pretty much. But it I am a reasonable person and I think you are being reasonable. It's a matter of establishing a reasonable paper trail, making reasonable efforts with the HOA and the neighbor, and then, if no one will work with you, "taking it to the judge".
Posted by Beth Grimm at January 5, 2009 8:16 PM