Q-Does the property manager have the right to sit in an owner’s unit for a few hours to hear noise coming from the upstairs neighbors?
Our neighbors make noise at all hours of the day. The couple is in their thirties with a child about 5 years old. I can’t understand why the board or management doesn’t do anything for us.
My husband and I are retired. This noise has been going on ever since they had their child. We have also had floods in our two bathrooms and the laundry room because of these people.
The manager wrote to them a few times, but it doesn’t help. The noise consists of jumping, running and dropping things in the unit. It is really a shame. We pay assessments just like everyone else, and bought this condominium to have peace and quiet.
We have also called the police, but they won’t get involved. Our neighbors don’t want to interfere, and neither the board or management believe us. What are the necessary steps that we can take?
A-Your description is a frequent problem but, frankly, you must put up with a certain amount of noise.
Noise is often a problem in multistory buildings where people of different ages live in close quarters and walls cannot absorb all sounds from daily activities.
Families with children have a right to live in condominium units. Under the Federal Housing Amendments Act, condominiums cannot discriminate against families. Children make noise and they have a right to live in a unit.
Condominium boards cannot enforce the noise levels to meet particular sensitivities or needs. Courts have held that unit owners must tolerate a reasonable amount of noise which an average person must experience in the same circumstances.
If the noise becomes excessive, the board can exercise remedies under declarations preventing residents from creating an unreasonable disturbance. These remedies include the levy of a fine or in an extreme case, an injunction suit.
To determine whether the noise is reasonable to an average person, the board must obtain the opinions of other parties-your neighbors, board members or the managing agent.
Property managers are often called upon to conduct sound tests by situating themselves in the complainant’s unit to hear the noise. This function is not the highlight of the manager’s professional career, just part of the job.
If the board does not take any action, you have a private right to file suit to stop a nuisance. But if the noise is not serious enough for the board to take action, don’t expect a favorable reaction from a court.
Q-As a condominium owner, I am puzzled by a new condominium law regarding the classification of a unit. Our management company stated that the law means that any apparatus serving only one unit is deemed a part of the unit.
Does that mean that if a water pipe breaks between floors, the owner of the upper floor must pay to fix it? Doesn’t a condominium declaration take priority?
A-The provision of the Illinois Condominium Property Act referenced in your question is Section 4.1(a)(3), which became effective on January 1, 1980.
Section 4.1(a)(3) states that if any apparatus lies partially within and partially outside the boundaries of a unit, any portions serving only that unit are part of the residence, while any apparatus serving more than one unit, or any part of the common elements, are part of the common elements.
The purpose of this section is to classify equipment in portions of the property lying within or outside the unit. Keep in mind, however, that the terms of the declaration may supersede this section.
Thus, if a pipe breaks that serves only a unit, the owner is responsible for the repair and damage to any adjacent part of the property. From your description, however, a water pipe lying between the floors of the building is part of the common elements and would be the association’s responsibility.
Regardless of how the apparatus is classified, if all unit owners and the association carry proper liability insurance coverage, except for the cost of deductibles, any damage should be covered.
Q-We have a situation on our board of directors where the owner’s husband owns a garage on the property, but his name is not on the deed to their unit. Is this man qualified to run for the board of directors?
A-If the garage is classified as a separate unit, with the assigned percentage of ownership and separate voting rights, the gentleman is qualified to run for the board.
To verify his status, the board or the managing agent should obtain a title search for the residential and garage unit to confirm whether the garage is a separate unit or part of the residence.
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Mark Pearlstein, is a Chicago attorney who specializes in condominium law. Write to him c/o Condo Log, Real Estate Section, Chicago Tribune, 435 N. Michigan Ave., Chicago, Ill. 60611. Sorry, he can’t make personal replies.
