Advice Needed - Complaining Neighbor
First, the context. My girlfriend and I purchased a condo in a building in Ottawa in June 2007. We knew at the time that the building had a large population of retirees and that being a younger couple, we wouldn't quite fit in. Still, given that we don't play loud music, don't have kids, and never have large parties, we didn't anticipate any problems.
Boy, were we wrong.
About a week after moving in, we met our downstairs neighbor, a retired older lady who lives alone, who immediately regaled us with complaints about the noise.
I was confused, given that we hadn't had any kind of loud speaker/tv volume on or had anyone over, and said as much. Apparently, that wasn't the problem - we were walking too loud, at all hours of the day.
We were, quite frankly, stunned. In our twenty-odd years of existance, no one had informed us that we were "stompers", nor had we had any complaints of the like before in our years of apartment living. We put it down to the fact that we were just moving in, moving stuff around, and that once we settled down and started leaving the house to go work, things would be fine. They weren't.
She continued to complain about stomping noises in the evening. Rather than persuade her that we were not intentionally pounding on our floors with our feet, we purchased slippers to wear inside the apartment to try and quiet the noise of walking. Apparently, this didn't really help, and we were at wit's end - short of tearing out our entire floors and installing an insulating layer, or somehow taking corrective "soft walking" classes, we didn't know what else to do. Fortunately, we thought, the condo corporation would probably not take a complaint for "excessive walking noise" very seriously, and we were right - not having received a single complaint.
Then, my girlfriend started working out at home. Being a PHD student, she is very busy and somewhat poor, and didn't have the time or the money to go to the gym regularly. A step and some work out DVD's were a solution for her, until the complaints started pouring in.
At first, they were understandable - workout DVD's have loud bass noises, and the next door neighbours didn't dig that. No problem - we tried putting the speakers on bricks, and when that didn't help, we bit the bullet and got her a wireless headset.
But then came more complaints from the downstairs neighbor - she could hear the stomping from the workouts. Certainly true - again, we tried to accomodate. My girlfriend lowered the amount of workout time to about 3 hour long sessions a week, and ensured that she worked out at times that the neighbor was happiest with - early afternoons.
Her reasonableness here is understandable, but debateable - is 3 hours of light stomping noises in the middle of the day acceptable, or unreasonable? I would lean towards the former, but the plot thickens.
We received a formal complaint from the property managers in mid-december, saying they had received a complaint about alleged excessive noise, breaking one of the (extremelly vague and subjective, might I add) bylaws of the condo building, and if we were indeed in violation (which we frankly didn't know, given the vagueness of the rule - it used the word "reasonable" a lot), to please stop. My girlfriend was angry, given our attempts to accomodate our neighbor, but bit the bullet - after a 2 week christmas vacation out of town, she got a gym membership and started working out there.
Here's the kicker - we received another formal complaint today - final warning - no more exercise noise, or we may take legal action, etc. All well and good - except my girlfriend hasn't exercised at home since the initial complaint. . My neighbor is essentially complaining about imaginary, non-existent, exercise noise.
As far as I'm concerned, her credibility is shot. We've taken every step possible to accommodate her and she's still complaining about things that aren't happening. We're calling the property managers tomorrow to explain our side of the story, but we're kind of at wits end - how can we stop making exercise noise that doesn't exist? And if she worked out at home for like, one hour a week, is that still unreasonable?
I just have no clue what else to do, and could use some advice/opinions. How much exercise noise do you think is reasonable? How can we cease the never ending flow of complaints? Is my opinion totally distorted here?
Phew. Thanks. Had to vent. Now to get that heart rate down.
Morrolan wrote:
I'm pretty sure Gabe Newell hangs out on top of the Valve building like Father Gregori, firing warning shots over any Sony people that come within fifty paces of the door.
XBLA / Steam: Dysplastic



I think if you explain the situation to the property managers as you have here, you should be fine. Let them know that you haven't exercised at all in the past couple weeks and so you couldn't be the one making the noise.
This reminds me of a similar story. My sister used to work for Subway. One day they received a complaint about my sister from a lady that frequented the restraunt. I forget the details of the complaint, but either way my sister had to start being careful. However, the lady kept making an issue of it despite whatever my sister tryed to do to be nice. However, one day my sister's boss came up to her and asked her if she had worked at all the last week. To which my sister replied "No, I've been out of town." Her boss said thats what he thought but just wanted to make sure. Apparently the lady had made another complaint while my sister was out of town. At that point her boss realized that the lady was making crap up trying to get my sister in trouble, so he started ignoring any complaints the lady wrote.
If you explain your situation, the property manager might come to a similar conclusion. Here's to hoping.
Jadawin wrote:
Keep a journal with dates of when you implemented these solutions so that in a court, they can see that you have given excessive effort in solving the problem. I would doubt that it results in a court case, but if it does, certainly you will not be held in the wrong. Like i said, in civil court, usually all you need is documentation. And as I have experienced in the past, if you already have it documented and whatnot, the case gets thrown out sooner than your neighbor would like! Plus, your memory is fresher on the events and such.
"I can't knife you right now. I have a chair and some pants."
Okay...here's what you'll want to do.
1) Don't take it out on the manager. He/she is doing their job. (Just have to say that, 'cuz 95% of the time, it's the truth with this stuff) They're responsible for upholding the rules of the community. However, the rules may not be as vague as you say...thus the following advice...
2) When you talk with the manager, ask for the following: the dates on which the complaints that triggered the violation letters, a clear definition of what is considered unreasonable, and information regarding how to send a letter along to the Board (i.e. whether it has to be a letter, or if it can be via e-mail). The first is so that you'll be ready to rebut things in your letter, the second so that you know exactly what the rules state (if the manager just says "use your common sense", your response should be "I have been trying to do so, but apparently what I feel is reasonable and what the governing documents feel is reasonable must differ. Otherwise, I wouldn't be getting these letters. I'd just like to be certain that, if I am truly in violation, I have a solid guideline to follow for the future."), and the third for...
3) Write a letter (e-mail may be fine, whatever the community manager says) that outlines your side of the story. Include your receipts for the slippers as well as a copy of the gym membership paperwork. If you have a timeline of when you've spoken with the neighbor(s) who are complaining, even better. I'm going to guess you haven't, just because it's not something that you think of right off. This is okay. Start one. Keep track of EVERY TIME you or your girlfriend talk with the neighbor, including the day and time it occured, and what the topic of discussion was (as long as it's about this issue). If you think it's more than one neighbor, keep track for that as well.
4) Next Board meeting, go to the meeting. You should have the opportunity to speak to the Board, and during this time, talk with them, explain that you're trying to ensure that you're following the association's rules, and that you're coming to speak to them to explain why you feel that you're doing so to the best of your ability. Don't say the rules are muddy, don't say that the Board is singling you out, and don't blame the neighbor. Really. Just state that you've gotten the notice, that you feel that you've done everything in your ability to follow the rules, and that you feel that the additional notices were in error, because of the steps you've taken.
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Just make sure she doesn't [url=http://en.wikipedia.org/wiki/Duplex_(film)]fake her death[/url] to get you to move out.
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"Do I what I do: hate everyone." - Quintin_Stone
I hate to play Devil's Advocate, but you need to move. Yes, the case might get thrown out, but there will be another one, and one after that. Your neighbors aren't going to move, they're going to die. Then they'll be replaced with the next batch of grumpy old men and women. I wouldn't want that ongoing hassle. Obviously, I'm not suggesting taking a financial loss, but I don't think you're going to find peace in your current residence.
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Can you move to the first floor in the building ?
Oddly enough, I had the same problem about 10 years ago. I moved into a new apartment complex and just happened to get a unit that was over an older lady.
After a couple of weeks, she began accosting me as I left for work to complain about all the "stomping about" I was doing. I was a bit puzzled, since all I was doing was your typical moving about your home routine. She even said I should seek medical help for my "heavy walking."
I did what you did and tried to walk softly, take off my shoes, etc., but she still complained. She even began to bang on her ceiling every time I got up from my couch to go to the bathroom or grab a snack from the fridge.
Then I started to get official noise complaints from the apartment's management office. After the second letter, I went in and tried to explain that I wasn't doing anything wrong. That seemed to work for a while, but then the complaints started again.
Luckily for me, my downstairs neighbor was kinda the crazy cat lady type, so I decided to fight fire with fire. She was a clean freak who would vacuum at odd times (like three in the morning). Everytime she did that I'd make a big stink at the management office. Either the old lady got the message or the management office got tired of taking complaints from both of us. Either way the letters stopped.
In your case, you might need to worry about the arbitrary ruling of the condo association. You mentioned you were the only younger couple there, so the internal politics of the association/management office might work against you. You might also want to think about video / audio taping yourself or getting a noise meter so you have some official record to prove that you're not doing any wrong. That or show the old git who's boss and push her down the stairs.
Yup. Condo associations are run by the will of the majority, and in this case the majority ain't you. Legal action, even if justified, is just a whole bunch of stress, and even if you win, the cuckoo will find something else to complain. Bite the bullet and move in with Stylez. Worst you'll get is having to push his car on his stupider days.
"All that time you waste dating and having sex could be better spent scouring the web for new game developer press releases." - Quintin_Stone
Great advise so far.
I've got nothing practical to add other than some sympathy.
The worst part of your situation is that it seems as though your downstairs neighbor is manipulating you pretty badly, passive-aggressive style. Even though you're genuinely attempting to appease her, her lack of responsiveness to your efforts leave you walking on eggshells in your own castle. That's simply not fair.
Good luck, man.
Recently a friend of mine who is a part of a condo housing commitee, if it can be called that, has seen a lot of these types of complaints from the down stairs dwellers. What he told me was that because a lot of contruction workers wanted to cut both time and cost from building projects they under insulate floors and walls all the time, this obviously has the negative effect of creating too much noise. That coupled with the fact that you neighbor is a cranky horrible person and you have the situation you are in now.
Most of that you probably knew, but what you might not know is that you may have grounds to take legal action against the condo community. First off demand that you see the blueprints from the condos and that you are planning take them to someone who knows about building codes and get their professional opinion on if the construction workers were up to code on they way they built the place. Make sure you make all of this very clear in the letter you write to the people sending you formal complaints and that if you find that the construction workers cut any corners what-so-ever you WILL be taking legal action. My friend who was going through this send a letter with the same gist as above after getting multiple warnings and never got them again. They may even offer to insulate the floors for you.
The Gaming Chronicles
PSN ID: Harbinger01
Steam ID: [GWJ] CrashedHardrive
Elysium wrote:
Thanks for all the advice everyone.
Unfortunately, moving out now is just not an option. We spent an assload of time painting and setting up this apartment, and we just don't have the time to take care of the hassles of another sale, purchase, and home setup. Eventually, maybe, but its just not realistic right now.
A lot of other good options, though - Rubb, unfortunately our board meetings don't really give you a chance to privately speak to the board - it's more of a public airing of grievances (We went to one, and unsurprisingly my downstairs neighbor also had a laundry list of complaints against the building).
Crashed - a very interesting suggestion. I'm not sure exactly who I would bring building plans to though, and I'm worried that such an e-mail might only antagonize the very people I'm trying to ingratiate. If a nicer approach doesn't work, though, it'd be more than interested in knowing more about pursuing such a course.
We're not the only young people in the building, but we're outnumbered about 5 to 1. Sigh. Next time I'll know better before moving into a retirement home.
Morrolan wrote:
XBLA / Steam: Dysplastic
Wow..that stinks...especially since she hasn't even been exercising. Darn you for having the ability to walk around your apartment.
Some buildings ARE worse than others though. In my friends apartment, you can hear the dog chewing on and playing with a tennis ball. He will bounce it and then chase it and then lay and chew on it. You can hear the whole thing. It is only about a 30lb dog too. I can always tell exactly what they are doing...you can hear them pee, wash dishes, exactly where they are walking, when they slide a chair out to eat etc.
Maybe you could go into her apartment and try and hear what she hears to know how valid it is?
However, his last apartment, you could hear nothing. Also, I used to live downstairs from a lady with 3 boys 4-10 years old and I rarely heard anything.
Unfortunately, I live in a dorm.
I hear thumping bass(My bed moves because it touches the wall) from my neighbors till midnight some days. I locked them out of the shared bathroom on a consistent basis till they stopped.
My suggestion would have to be to try and explain the situation to the manager. If he/she doesn't have sympathy for the situation and at least partially take your side, move.
It may be a hassle now, but freedom is good.
shihonage wrote:
PSN: BoogleGWJHey, f*ck moving out. Punch the old lady or something.
Older people are more sensitive to noise, I think. One of the old dudes I used to hang out with woke up at the slightest noise (like, he'd hear ambulances kilometers away).
Have you tried going to the old lady and seeing what you sound like, or what's causing her to complain?
Anyway, maybe find something to complain about her.
The man wears a bucket of KFC on his head. I wouldn't expect anything less. - Pred
How about subleasing the unit and going and getting your own apartment in a decent building? Would the rent you're able to get be close to the mortgage?
Even assuming the condo was built defectively, unless Canadian law is radically different from Minnesota law (99% of the time it isn't), you can't sue the condo association for defective construction. You may be able to stand in the shoes of the association and sue the people that built the condo, if it's a relatively new complex (10 years in Minnesota), depending on what your bylaws say. Maybe you can sue the association for failing to properly supervise the construction or something, but you would need a pretty special set of contractual circumstances and I really don't think such a suit would go anywhere.
If the association takes action against you, then you can sue them, but since they're your neighbors, you're pretty much giving up any chance of getting along with your neighbors anytime soon. You might also be able to name the downstairs neighbor in such a lawsuit under a theory of tortious interference with contract or something. But really, if you're strapped for cash as it is, a lawsuit is just more money down the drain. It might be worth it to make the relatively small investment of filing the suit just to see if the association will back down (no one likes to be in a lawsuit).
As an aside, it could also be that the old lady is delusional. I once represented an old lady who was sure that the neighbor boy was smashing her birdcage, only it turned out there was no neighbor boy and no birdcage. And no fees.
edit: rubbed's advice is really good.
"All that time you waste dating and having sex could be better spent scouring the web for new game developer press releases." - Quintin_Stone
There was an episode of Friends just like this!
Stomp on the floor until she dies.
Fedaykin98 wrote:
wordsmythe wrote:
The man wears a bucket of KFC on his head. I wouldn't expect anything less. - Pred
Maybe you could have the property manager listen from downstairs while you or your girlfriend walk around to see how loud it sounds. It could be beyond your control if it is some weird floor squeaking or something.
You shouldnt have to tiptoe around your place in slippers.
I had an identical situation in a condo I used to own. I received noise complaints from when I was out of town, etc, from the elderly lady that lived next door. Sadly, to fight it, you will be paying both sides lawyers, yours, and your share of the condo assn's. In the end, I moved out.
Advice: 2 can play at this game. Act surly and angry toward her every time you see her, but don't raise your voice. Do not spare the profanity. Tell her to stay the hell away from you and leave you the hell alone. Complain about her constantly to your condo association, and demand that they do the same complaint procedure to her. Complain that she is harassing you with foolish and idiotic complaints, and insist on a formal complaint about that too, complete with the same final notice. Knowing old people, she is probably shadowing/spying on you to some extent; see if you can catch her at it and then complain again. You should make her as uncomfortable as she is making you. Feel free to BANG on her door and tell her to shut the hell up cause you can hear her. I am pretty sure that you can be as rude and insulting verbally as you want to.
You can use your apartment as you see fit, particularly during the day. Check your condo assn bylaws for specific restrictions. If they restrict "unreasonable" noise, that is the same as the standard in the municipal law; usually there are hourly restrictions, such that during the day, you can run a bandsaw in your apartment if you want without worry of legal complaints, but it obviously isn't ok at night. There is a real "reasonableness" standard, and it is reasonable that you could both walk around in your apartment and work out in your apartment. Perhaps also ask a police officer you might know about noise standards and such.... But the real problem is that the condo assn doesn't have to obey any laws themselves, and can simply levy fines.
Maybe a cease and desist letter from an attorney to both the old lady and the association demanding that 1) she stop the harassing complaints, and 2) that the condo assn cease recognizing the harassing complaints as valid.
Sadly, this might be all you really can do, and it probably won't be successful, at least not immediately. Keep us updated!
Based on the findings of the report, my conclusion was that this idea was not a practical deterrent for reasons which at this moment must be all too obvious.
_________________________________________
Sucks to hear that dude. I don't know what building you live in but if it's where I'm thinking, I've done work in there and the place is indeed full of old people with nothing to do but complain. There's been a lot of great advice given here and I agree with it. What I would also do is the following: Get a decibel meter and tell the lady you want to help and measure the sound level in her apartment when your lady is walking around or even doing a mock workout. We once had a neighbour in the townhouse to our right (he has since moved) who after I moved in, constantly complained about the noise from the computer speakers in my office because his young daughter slept in the room on the other side of the wall. It was to the point where I couldn't use my brand new 5.1 speakers after 6pm or at random nap times throughout the weekend without him pounding on the wall or coming to the door and trying to tear a strip off me. Eventually, I offered to do this for him stating simply: I've tried to help you as best I can but if the sound isn't a violation of city ordinance, tough luck. He never accepted the offer but also never complained again.
Now, this isn't a condo townhouse so I know there's more than city ordinance in play here. But that the woman is complaining (and from what you've said, she just likes to complain) isn't enough for action to be taken against you. Since the board's rules are so loose, I would get both a reading from the meter and just listen to what she's complaining about. If it's more than reasonable, present that in your rebuttal and if she still complains, tell a board member to listen to it as well. If the neighbour is truly interested in resolving the issue, she shouldn't have a problem with this. If she does, then I would make the case that she's being uncooperative and that you're not prepared to do her any more favours unless she can prove it violates the rules. I think you've both tried to be more than helpful but I get the feeling this woman is beyond pleasing. If you offer to go this far and she won't go along with it, that will send a clear signal as to her intentions.
And honestly, at the end of the day if she's just constantly harassing you, tell her that and warn her than if such behaviour continues, you'll be pressing charges. I know that sounds extreme but just the threat of it is often enough to get people like this off your back. I know people like her and I guarantee you, this is half neurosis and half having too much free time on her hands.
"We're taught from a young age how to dodge rock hard objects moving at incredible rates of speed while simultaneously beating folks half to death with sticks. We do this for fun." -kung fu grip
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I had the same problem in a triplex I lived in. Except I was there first, and the older lady was warned that the house was in a college neighborhood. I am not one to "party" but I do work at night. She complained about me [walking up the stairs] when I came home at night....out on my own porch, talking in a normal voice on the phone when I got home from work...and general loud noise, which wasn't happening at any sort of late hour. The landlord told her that I wasn't violating any kind of noise laws simply by playing music, at a normal tone, around 8 or so in the evening.
It sounds like you have gone out of your way to accommodate a pesky neighbor. If it's during the day, I don't think workout music would qualify as above a reasonable level. If your property manager takes her side, I would check and make sure you are actually violating some sort of noise laws.
Video games don't ruin kids. If Pac-Man ruined us as kids, we would all be running around in darkened rooms, eating magic pills and listening to repetitive electronic music.
- Kristian Wilson, Nintendo, Inc, 1989
Hey guys -
Thanks for the new comments. I'm not sure how much ground I have to fight the property manager if he takes her side. Here is the exact bylaw I'm "allegedly" breaking:
"Residents shall not create, permit or continue any noise or nuisance, which, in the opinion of the Board or Manager, disturbs the comfort or reasonable enjoyment by other residents of the units or common elements" (emphasis mine).
If the property manager takes her side, aren't I automatically breaking the bylaw by virtue of the bylaw being essentially decided BY the property manager? It seems to me that my only option here is to convince either the board or the manager that we're not disturbing the "reasonable enjoyment" of our neighbor - whatever that means. The absolute absurdity of bylaws that vague blow my mind - but I suppose it's a mea culpa for buying the place knowing what I knew about it.
I'm not sure how much help a decibel meter would be given that the bylaw is so subjective - but getting the manager / a board member to check out the situation seems fairly essential.
Bottom line is: we're prepared to give up the workouts, so long as our downstairs neighbor just leaves us the hell alone about everything else.
Morrolan wrote:
XBLA / Steam: Dysplastic
Depending on how old your neighbor is, I might reccommend a siege mentality. Judging by how crotchity this woman sounds, it can't be long til she croaks. Unless she's one of those that live on hate alone.
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I believe in dual-wielding: a pot of honey and a big stick. After you've addressed the issue with your property manager/board of whomever, including all your attempts to remedy, take the neighbor a fresh, home-made banana bread. When you deliver, stay and talk for about five minutes. Be sure to address her by her formal name to show your respect. Tell her about your 2 week trip or your new gym. Ask about her TV shows or whatever is on the TV when she answers the door. No mention of the noise or the complaints. Short and sweet and get out. Rinse and repeat every week and a half or so. A batch of banana bread should yield 4 mini-loaves. Drop the rest in the freezer. Just make sure it's room temp again before you tell her it's fresh.
Wouldn't hurt to cultivate your immediate neighbors, either. Form your coalition. If nobody there knows you yet, it's easy to make you the 'bad guy' or the 'young whipper-snapper'.
What's that your momma used to say? "The only way to have a good neighbor is to be a good neighbor." Crazy old cat ladies aside. They're less likely to complain about you if you're a 'nice young couple'.
The opposite of Love is not Hate, it is Fear.
Some places are just built sh*tty. I lived in an apartment box-plex where I could hear upstairs wandering/fighting/everythingelse, conversations from next door, and anything going on in the hallway. And most of the time I lived there, the place was under construction. What a hell hole. The next place was bigger, and my livingroom was above my bedroom, so loud movies had sound that didn't really effect anyone. Now this place is a townhouse style squashed between others, but the construction is amazing. I can't hear a thing from the neighboring units and in a year of loud music, loud movies (incl 6.1 speakers and big subwoofer), Guitar Hero and Rock Band, we've only had one complaint due to my deaf roommate's slightly-after-10pm guitar hero playing.
I think part of the lesson is how to judge a place you're looking at for solid construction and potential for sound-bleed. I can't say I really know how to judge it. This place I knocked on the walls and couldn't hear the echo from 2 units down so I was pretty happy. Not to derail, but what can you look for and test for in floors and walls to help figure out before you write that deposit check if you'll have to tip toe in your own home?
ThePolypusher
WAR - Dolz
If I were you I'd try find out if she had any noise complaints against the previous owners of your place. These types of people usually leave a trail of complaints about everyone. If so use it against her with the Board.
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shihonage wrote:
PSN: BoogleGWJAnd don't forget to lace it with a bit of herbage. You know what I'm talkin' about.
"I'm absolutely retarded. Not 100% sure why." - atom
"Dhelor + intarwebs = Great ideas." - wordsmythe
"Do I what I do: hate everyone." - Quintin_Stone
A very nice guy who moved next door to us lasted around half a year due to the old lady downstairs complaining about noise all the time. Which was entirely groundless - the guy wore slippers and used headphones for all audio needs - we never heard a whisper from his place, compared to the old couple who lived there before him. I'd say don't give in to the miserable human elements. Make your case in a calm manner to the manager.
At least in Finland you can borrow a decibel metering tool from the city; you're entitled to having your noise level metered before anyone can make formal complaints. But really, I'm positive that the lady is just a hateful soul who's decided that you two are leaving the place. No manner of reasoning is going to work: you've already gone way out of your way to accommodate her. Better solve it with the management.
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Ugh. I once lived on the second floor of a duplex and the lady downstairs complained about my noise when I walked, even though I always walked around in socks. I think the only reason I didn't have a problem is the landlord never paid attention to the complaints of any of his tenants.
I would think the first rule of PR is to ignore forum people, because they vacillate between crazy and liar. - Elysium