First, try face to face to end noise dispute

Q. I have a noisy neighbor who lives directly above me in a condominium complex. She walks exceedingly hard and often plays her music at full blast. What can I do to get some peace and quiet?

A. There are several ways to quiet a noisy neighbor. Some of the less confrontational ways involve the use of earplugs and noise-cancelling headphones. Though that does not quite seem fair — your neighbor makes all this noise while you sit at home searching the earplug superstore online.

Neighbors should try to talk to one another if possible and take initial steps to resolve noise disputes in a constructive manner before involving the condominium association and its lawyers. It is OK to ask a neighbor to politely keep the ruckus to a minimum.

Problems truly arise when neighbors cannot resolve these disputes on their own. One may then look to the condominium declaration and the association’s bylaws for guidance as to appropriate neighborly behavior.

These documents govern the rights and obligations of the association vis-a-vis the unit owners. The declaration generally includes a section on use restrictions that may have several provisions that limit noise production. For example, one provision might restrict when noise can be made by setting certain quiet hours.

During such a time period, an owner may be prohibited from creating noise that will, in the board’s sole discretion, unreasonably interfere with the rights, comfort or convenience of any other owner or occupant. Another provision might also require that an owner seek written approval of the board before replacing carpeting in the interior of his or her unit with a hard-surfaced flooring material. The person seeking to make the change must demonstrate to the board that such replacement flooring is soundproofed so as not to exceed certain noise level requirements.

In addition to the two mentioned above, you might find other relevant noise restriction provisions.

The association has several ways to enforce compliance with the noise restriction provisions if an owner fails to follow them. For example, the association may have the right to impose fines and/or suspend use of the common areas — community pool, tennis courts, clubhouse, etc. In addition, if an owner continues to violate the rules and the association has reserved for itself the right of abatement, then the association through its agents and employees, after providing any required written notice, may enter the unit at a reasonable time to abate, extinguish, remove or repair the violation, breach or other condition that may exist.

Finally, as a last resort, the association may, if provided for in the governing documents, file a lawsuit for money damages and/or injunctive relief. Each owner should refer to their specific governing documents and Georgia law to determine the exact enforcement mechanisms available to the association.

If the association cannot or will not act, one might consider contacting the local police to enforce local noise ordinances or even initiating a nuisance claim against the offender.

This column is designed to provide information in regard to the subject matter covered. It is not intended to render legal advice. If legal advice is required, seek the services of an attorney. By Raghu R. Raju, an attorney of Weinstock & Scavo, P.C.; rraju@wslaw.net; www.wslaw.com.

Have a question you would like answered in this column? Please contact James J. Scavo at jscavo@wslaw.net or c/o Weinstock & Scavo, P.C., 3405 Piedmont Road, Suite 300, Atlanta, GA 30305.