 Picking
up bad vibrations? Gripe to condo board
|
 Dear
Real Estate Adviser,
I recently bought a condo. When I moved in, I discovered that a
portion of the condo exercise room was above my unit. This causes
lot of unwanted noise and vibrations. My question is: Was this information,
legally, supposed to be disclosed to me by the seller or agent?
-- Tony
 Dear
Tony,
Alas, a condo or apartment complex should not locate its fitness
center anywhere else but its lowest level, for obvious reasons.
So you are unquestionably the victim of poor design, and perhaps
-- and I shudder at the thought -- a 6 a.m. aerobics class.
But whether you're a victim of intentional nondisclosure is another
issue. Because some noises bother some people but not others, a
real estate attorney might tell you that a fitness room is simply
a "subjective intrusion." That means the condo sellers
may not have been legally obligated to fess up to those barbells
that were slamming to the floor atop their heads all day until they
just threw up their hands one day and put the place up for sale.
And even if the agent knew about the issue, anything but a direct
question about the location of the center may not have netted you
that crucial information.
Although agents are ethically -- though not necessarily legally
-- required to exhibit honesty in all dealings, "honesty"
can be a subjective term. There's also a good chance the agent didn't
even know about the noise issue. The seller could have arranged
the agent's site visit -- and your visit, for that matter -- when
the center was closed.
Obviously, this annoying and noisy detail would have
been a tough one for you to ferret out on your own.
Unless you actually spent a lot of time in the unit
before you bought it, examined the building plans or interviewed
the right neighbors in the right places, your due diligence would
probably not have uncovered it.
But you've got some options here. In many states, there are laws
requiring condo boards and associations to disclose all known property
flaws to potential buyers. Check with a lawyer on that issue.
Of course, you can always try going to the condo board
firsthand with this very valid complaint. After all, the noise is
coming from a common area that is under the board's jurisdiction.
But first, be sure to review the condo bylaws and house rules to
see what applies to you. There should be a header under "noise"
or "nuisance."
If the condo board is unresponsive and your complaint goes unaddressed,
you always have the option of filing a nuisance-abatement lawsuit
against the board. (Most states laws support the right of "quiet
enjoyment.") But if you do file suit, realize it may hinder
your chance to sell the unit because the action will go down in
the board minutes, which are available to potential buyers.
Perhaps there's a middle ground. Ask the board if there's a way
to rearrange the center's equipment (including those barbells) or
its layout to cause less noise. Or perhaps there is a better location
for the center somewhere else on the premises.
Good, thick carpeting and padding could help as well.
Of course, that costs money.
If it appears you're stuck with the noise and you don't want to
go to court, your best hope of muffling the sound is to hang a separate
ceiling, although that probably wouldn't fully address the vibration
issue.
And it may even go against the condo bylaws. Talk about a Catch-22!
Sorry there isn't a neater resolution to offer. I wish you luck.
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