How to handle condo owner who pounds on ceiling when hearing neighbor’s noise
Q: I am president of a condominium association. Noise between units is not an issue for many of our owners. The owners of this one unit, however, are constantly complaining to the board about the noise from, and are harassing, the owners above them for normal everyday noise such as footsteps, television at a normal volume, and even normal conversations! The complaining owners pound the ceiling and walls in response to every sound from the unit above.
The board has had joint meetings with these residents explaining that these noises are part of everyday life in multiunit buildings and there can be no retaliation for them. The retaliation however continues, and several owners are bothered by their pounding. So far three owners in units near the retaliating owners have sold their units and moved. What can the board do here?
A. As you mentioned, a certain amount of noise between units is simply a fact of life in a multiunit building. Based upon your question, the board recognizes this reality and isn’t taking action to address the unfounded complaints of the downstairs owners.
That said, the intentional conduct of the residents downstairs seems to rise to the level of violating typical covenants in an association’s governing documents. If it is severe enough to have caused multiple residents to move, it is severe enough to require the board to take action.
Since the informal approach did not seem to work, the board needs to be more aggressive in dealing with the retaliating owners. This could start with sending written notice of the violations and an opportunity for a hearing to the downstairs owners. The board could then levy a fine for each violation. If this does not work, the board could consider legal action to prohibit the wrongful retaliatory conduct of the downstairs owners.
Q. A meeting of the members of our association was called to vote on a matter that required the approval of two-thirds of all the owners of the association. Unfortunately, only about 50% of the owners participated either in person or by proxy (most by proxy). Therefore, even if every ballot were cast in favor of the matter, the matter being voted on would not have been successful. The board called for the vote and, of course, the matter did not pass. Could the board have postponed the vote or continued the meeting, so that the vote could take place later?
A. Yes. The owner meeting could have been continued to another date and time. However, this would have to be done before a motion to begin voting. Technically, once the voting begins at the meeting it should proceed to conclusion. For example, the chairperson of the meeting (usually the board president) can call for a motion to continue the meeting to a specific date and time. The motion to continue would have to be made, seconded, and voted on by the members present in person or by proxy. The motion to continue would pass upon the majority vote of the owners present in person or proxy.
Technically, a new notice of the continued meeting would not have to be issued, but practically speaking, it makes sense for the board to inform the members of the new date and time. Importantly, any proxy that indicated it was valid for any continued meeting would be valid when the meeting is reconvened. Continuing the meeting would permit the board to solicit more proxies so that the matter requiring owner approval would have a chance of passing.
• Matthew Moodhe is an attorney with Kovitz Shifrin Nesbit in the Chicago suburbs. Send questions for the column to him at CondoTalk@ksnlaw.com. The firm provides legal service to condominium, townhouse, homeowner associations and housing cooperatives. This column is not a substitute for consultation with legal counsel.