Enforcement of a "no noise" Rule

Ken · #1 02-25-2008, 05:05 PM

Many condos have rules prohibiting occupants from disturbing others. What if any teeth can be put in the rule so that the Administrator and/or Assembly, if necessary, can quickly end the disturbance.

Suppose a condo has a rule prohibiting nose that disturbs others in their apartments or the common areas. If a barking dog or loud music disturbs others and even after the administrator verifies the disturbance and tells the offender or owner of the dog that the disturbance must be stopped the disturbance continues, what action can be taken?

Suppose, too, that the rule includes this provision in case the disturbance continues: "The Administrator is authorized to take whatever action is necessary and to charge the cost to the owner if the disturbance continues after a warning is received."

Does "whatever action is necessary" allow the Administrator to call the police and have them take the barking dog away? Does it allow the Administrator to confiscate the machine that the loud music is coming from? If not, what can the administrator do?

Hopefully going to the Land Court is not the only remedy. The time that takes, even with an expedited hearing can seen interminable if you are being driven crazy by barking, loud music, or what have you.

If "take whatever action is necessary" is, in reality, means only initiating legal action, are there any specific penalties that can be put in the rules? For example, can there be a significant monetary fine levied against the offender for each violation? Something that is likely to get quick action?

Adrian Bye · #2 02-25-2008, 05:13 PM

I can't help you with your question, I just want to share an observation.

You post a lot about various building issues and problems.

When I moved into my current building several years ago, I went to a couple of building meetings. I found them to be a waste of time, so I haven't been back. Since then I've barely had any reason to be in contact with the building managers.

Things generally run well here so there's not too much reason to do anything. Are there so many problems where you are?

Rocky · #3 02-25-2008, 05:56 PM

Quote:

Originally Posted by adrianb

Things generally run well here so there's not too much reason to do anything. Are there so many problems where you are?

Let us not forget one of the biggest attractions of moving to the DR, to get away from all those damn rules and regulations in the industrialized nations.
I would think that reasoning with any neighbour who is causing a disturbance, would be more fruitful than making a load of condo rules, that are near impossible to enforce, anyway.
El Neptuno is such a great complex and there's nobody living there who could be considered a bad neighbour, if you compare them to the bad neighbours I have had in the past.
Heck.. El Neptuno residents look like angels as compared to some of the fruitcakes I have had as neighbours.

Chris · #4 02-25-2008, 06:23 PM

Ken is very involved in the management committee of the condos where he lives. Hence all the questions.

MommC · #5 02-25-2008, 07:32 PM

Calling law enforcement has become a waste of time also as they no longer enter 'private' property to enforce noise laws.

Our 'solution' to extreme noise (which happens mainly at night) is to start making some 'extreme' noise of our own in the VERY early hours of the morning. If the offenders make it impossible for us to sleep at night, those of us who get up early make it impossible for them to sleep during the day.

Been all the way to court on the barking dogs issue to no avail....so no matter what the regulations say if noise is a problem, it will remain a problem unless you are willing to pay a small ransom (make that a rather large ransom) to sue the offenders in civil court.

Rocky · #6 02-25-2008, 07:35 PM

Quote:

Originally Posted by MommC

Calling law enforcement has become a waste of time also as they no longer enter 'private' property to enforce noise laws.

Our 'solution' to extreme noise (which happens mainly at night) is to start making some 'extreme' noise of our own in the VERY early hours of the morning. If the offenders make it impossible for us to sleep at night, those of us who get up early make it impossible for them to sleep during the day.

Been all the way to court on the barking dogs issue to no avail....so no matter what the regulations say if noise is a problem, it will remain a problem unless you are willing to pay a small ransom (make that a rather large ransom) to sue the offenders in civil court.

Exactly.
So why even bother making all the rules and regulations?
It's a waste of time.
You try to work it out in a friendly fashion, then if that doesn't work, then you wage war.

sollie · #7 02-25-2008, 08:52 PM

A real time example of the " Rule of law/Rule of individual" debate.

Ken · #8 02-25-2008, 09:05 PM

MommC, I would be interested in hearing more about your experience going to court on the dog barking issue. PM me, if you want, or post the info. Either way, I'm interested in knowing more.

Ken · #9 02-25-2008, 09:15 PM

A general comment about rules. Rules are something you hope you won't need, but when you need them, you are glad you have thought about how to deal with a problem and have a plan ready. And because a rule requires approval by 75% of the owners, the best time to make them is often when everything is harmonious and there is a general feeling of wanting it to stay that way.

Reasoning should always be the first step. But I would rather explore the options now than just figure if a noise problem, for example, arises and the offender doesn't respond, that the solution is to make a hell of a racket when the offender is trying to sleep. Problem is that those of us who like our sleep at night and don't get up early get our sleep interrupted twice a day. Violating a rule to punish a violator of the same rule doesn't seem like a good idea to me.

In the close environment of a condominium and absent any ability to screen prospective buyers, there is no way of knowing if and when a rule might be needed. But, like the Scouts say, be prepared.

GringoCArlos · #10 02-25-2008, 10:44 PM

On the other hand, a good Scout might have checked out the landscape before moving in, so they could know what they are getting into. Too much noise, look for a different place. Can't do much about residents who move in after you have, but you sure can beforehand.

Many Dominicans seem to feel very uncomfortable with a lack of noise, such as the TV, the music and four people all talking (or yelling) at the same time. It drives them as crazy as a gringo faced with too MUCH noise. In the same manner, to them, what is the point of having a dog for security if it never sounds off so that potential thieves never hear it, so that they go looking somewhere else as a target.

Many too view their home as their castle, and anyone who wants to tell them what to do in THEIR home be damned. Good luck with new rules.