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Home > Law > Criminal Law   »   Neighbors?

 
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Old Apr 11, 2008, 08:01 AM
rickilm
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Neighbors?

I have a married couple with no children that lives above (I live a condo) me. I have lived here for 5 yrs. with my girlfriend. Three months after I moved in I hookup my stereo. After only 3 songs played he was knocking on my door to turn down my music. I didn't because first it wasn't loud and second the tone in his voice was not kind. Since this time we have nothing but noise issue from the stomping around on there floors and bouncing balls on the floor playing with there dog. We went to the association board and they said it was a home owner to home owner issue. Well, yesterday while she was coming up the stairs to go to her condo I opened the door to let her know that her dog was barking while they are not at home. I said this to her in a calm voice. I never came out of my unit. She got so defensive while I was telling her this. She called the police on me. She told them she felt intimidated by me. I didn't get arrested because I nothing wrong. I asked them what I did wrong and they didn't have an answer for me. All I did was tell the lady that her dog was barking and I have cops knocking on my door. How can I protect myself now that this has escalated to police being involved and do I have any recourse because of her false accusations?

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Old Apr 11, 2008, 08:18 AM   #2  
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keep a detailed log (date,time,etc) of all noise caused by this couple and their dog. File a formal complaint with police, your condo board, and animal control. Next go to your neighbours and see if any of them agree with you, start a petition if possible. You may have to file several complaints with Animal Control & the Police but eventually they will be fined & possibly face having their dog removed from the condo. While your at it, get yourself a restraining order against the crazy broad & husband, and avoid them while keeping your own nose clean.

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svatnsdal agrees: Couldn't have said it better!
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Old Apr 11, 2008, 09:42 AM   #3  
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Quote:
Originally Posted by rickilm
I have a married couple with no children that lives above (I live a condo) me. I have lived here for 5 yrs. with my girlfriend. Three months after I moved in I hookup my stereo. After only 3 songs played he was knocking on my door to turn down my music. I didn't because first it wasn't loud and second the tone in his voice was not kind. Since this time we have nothing but noise issue from the stomping around on there floors and bouncing balls on the floor playing with there dog. We went to the association board and they said it was a home owner to home owner issue. Well, yesterday while she was coming up the stairs to go to her condo I opened the door to let her know that her dog was barking while they are not at home. I said this to her in a calm voice. I never came out of my unit. She got so defensive while I was telling her this. She called the police on me. She told them she felt intimidated by me. I didn't get arrested because I nothing wrong. I asked them what I did wrong and they didn't have an answer for me. All I did was tell the lady that her dog was barking and I have cops knocking on my door. How can I protect myself now that this has escalated to police being involved and do I have any recourse because of her false accusations?

Sounds like revenge - you were disturbing them with your music but didn't turn it down because it "wasn't loud" and you didn't like the tone of his voice.

In the meantime while they've been stomping around, are you still playing music loud enough to annoy them?

Now your dog is bothering them, she doesn't like the tone of your voice - and she's stepped things up a notch. You say you didn't like the tone of his voice; I'm sure she didn't like the tone of yours.

Go back to the Condo Board and see what the rules and regulations are, see if any other owners will stand with you, see if they are being disturbed.

Because it was just you and her, no, you have no recourse against this particular accusation. Tone of voice is all in the interpretation.
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Old Apr 11, 2008, 09:44 AM   #4  
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Quote:
Originally Posted by Hundalei
keep a detailed log (date,time,etc) of all noise caused by this couple and their dog. File a formal complaint with police, your condo board, and animal control. Next go to your neighbours and see if any of them agree with you, start a petition if possible. You may have to file several complaints with Animal Control & the Police but eventually they will be fined & possibly face having their dog removed from the condo. While your at it, get yourself a restraining order against the crazy broad & husband, and avoid them while keeping your own nose clean.

There are no grounds for a restraining order -
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Old Apr 11, 2008, 10:25 AM   #5  
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I don't own a dog. No I don't play the music. I haven't played the stereo in 5 years because of what happened. I only use it for my TV. When the police were here yesterday they told me I could play the music all I wanted no law against playing your music. Still I don't want to. I'm not trying to start anything with them. Yes there are other neighbors that hear there dog barking. I haven't talked to them yet but I will.
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Old Apr 11, 2008, 10:44 AM   #6  
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I think Judy misread your posts thinking you had a dog also. But I agree with here, ther are no grounds for a restraining order. The neighbors have not threatened you in any way.

What I would do, is try to sit down and resolve this before it escalates. Maybe see if someone from the condo association will act as mediator.

But, you don't have any recourse about her accusations because they are a matter of interpretation.
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Old Apr 11, 2008, 10:45 AM   #7  
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You are going by it the right way! The police are right, you do have the right to play your music. There is a law regarding the sound, noise law, but I'm sure you do not break it.
You are acting very wisely in this situation. Just follow Hundalei's advice!
It sounds like you got neighbours above you that think they can do what they like and no one else can! I would say good luck with it all, but you don't need luck!
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Old Apr 11, 2008, 11:31 AM   #8  
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Quote:
Originally Posted by rickilm
I don't own a dog. No I don't play the music. I haven't played the stereo in 5 years because of what happened. I only use it for my TV. When the police were here yesterday they told me I could play the music all I wanted no law against playing your music. Still I don't want to. I'm not trying to start anything with them. Yes there are other neighbors that hear there dog barking. I haven't talked to them yet but I will.

Sorry about the dog - I totally misread your post - again, apologies. I'm surprised that the Police didn't tell you not to play music so loud (which I understand you have not done) that the neighbors are disturbed, but then I am constantly surprised on the board.

What did the Police say about the barking dog?

(Another reason to hate condos.)
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Old Apr 11, 2008, 02:22 PM   #9  
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They said that I do have the right to complain to animal control about the barking dog. I didn't want to do that but I now see that is the way I am going to have to go. As far as the music I think there is some sort noise law but I don't care to test it. I'm not looking for problems. We have tried to talk with them at the board meetings but the board doesn't want to get involved.
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Old Apr 12, 2008, 05:59 AM   #10  
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Quote:
Originally Posted by rickilm
They said that I do have the right to complain to animal control about the barking dog. I didn't want to do that but I now see that is the way I am going to have to go. As far as the music I think there is some sort noise law but I don't care to test it. I'm not looking for problems. We have tried to talk with them at the board meetings but the board doesn't want to get involved.

I never understand condo boards - half of the time they think they rule the World. The other half of the time they don't want to get involved!

We owned and rented out a condo which we sold - it was in a senior community but the people renting our unit complained that the unit next door (which happened to be a one bedroom) had 3 grandchildren staying there for the Summer. The condo board said, yes, that was against the rules but they couldn't get involved and we should "take it up with the neighbors." Our tenants were always calling us about the noise next door and we just tired of the whole thing.
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