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Couple takes on HOA in noise dispute

California residents may remember how elated they were to find their dream home. They might also know what it felt like to realize that their dream property was really a nightmare. One couple in Philadelphia thought that they had found their perfect home. Built in 1744, its historic roots were one of its selling points. However, an addition added in the 1960s creates noise that some find annoying.

Underneath the couple's dining room is an entrance to Clymer Court, an HOA-regulated complex. When people open or close the door, it causes the rest of the home to rattle. The couple tried to come to a compromise with the homeowners association, but it would not agree to make changes. The couple even offered to share the cost of such changes, but the HOA board chose not to take action as it reasoned that no one but the couple was experiencing a hardship.

A local politician got involved in the dispute, and the HOA was issued a noise compliant by the Department of Health's Air Management Services. A legal battle ensued between the two parties, and legal fees are said to be enough to replace the gate many times over. The HOA did not have any comment on the matter when asked.

Whether a person rents or buys a property, he or she generally has the right of quiet enjoyment. This means that neighbors should take reasonable steps to keep noise levels to a minimum. Those who refuse to do so may be in violation of noise ordinances. If loud noise results in a homeowner dispute, talking to an attorney may make it possible to come to a resolution of that dispute in a timely manner.

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