COLUMN: Barbara Holland

Q. What is the most effective way to resolve a chronic noise complaint? One of the neighbors in our townhouse fourplex plays audio equipment so loud that the common walls vibrate.

I've written to the management company several times, but no one ever responded.

I've contacted the police about it, and they warned the neighbor. I hesitate to contact the police again because they need to be available for greater emergencies.

Seeking an injunction in civil court has occurred to me, but there must be a more cost-effective and less dramatic measure to stop the walls from vibrating. Speaking directly to the neighbor is not prudent.

A. Yes, there is a more cost-effective option and that is for your association to send a warning letter to the resident. The association has an obligation to become involved, as the quiet enjoyment of your home is probably written in your covenants, or in the rules as to what constitutes a nuisance or excessive noise.

Enforcing rules is one of the association's responsibilities. If the noise continues, your board could even assess fines against the homeowner for continued noncompliance.

Call your management company and set an appointment with the community manager. Then make sure to attend the next board meeting. During the homeowner forum, give your board a letter with all the facts: dates and time, and the length of time. If you can tape record the noise, do so and bring the tape to the meetings.

If your board is still not responsive, call the ombudsman's office at the Nevada Real Estate Division. Perhaps his department can persuade the board to be more responsive.

I would exhaust these options before undertaking an injunction.

One final note: There is a noise ordinance. Granted, the police have more critical problems to face, but you pay taxes and there is a local law. If there are enough visits, the police might become more vocal to your neighbor about getting his act together.

A special note: Has your homeowners association found a clever solution to common problems such as low voter turnout, vandalism or pests? If so, your association is an HOA Hero. Send me your success stories and I'll share them with readers of this column.

Questions for Barbara Holland may be sent to Association Q. & A., P.O. Box 7440, Las Vegas, NV 89125. Her fax number is 385-3759.

Barbara Holland, Certified Property Manager, is president and co-owner of H&L Realty and Management Co. She is a member of the Institute of Real Estate Management and is the author of two books on the subject. Holland is a past president of the Greater Las Vegas Association of Realtors.

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