I live in an HOA.

I have a neighbor next door that plays extremely loud music and recently installed a pool. The other night his kids and their friends were in the pool literally screaming for hours...the language was all kinds of vulgarities. All the while bass was booming...I can hear it and feel it in my house

After several hours my wife and neighbor on the other side of them asked for them to quiet down and stop cursing please. This just made the music increase. My neighbor on the other side came over and asked WTF was going on next to me.

At this point I called the police and so did he. The following day they (as expected) turned up the music and behaved just under the town ordinance.

I contacted the HOA and they responded that it's a " neighbor to neighbor " issue. Even though it appears to be an issue affecting more than just myself.

The HOA has this in the by-laws:

10.
Nuisances.
No noxious or offensive activity shall be carried on in, upon, or around any residence or
Lot or in or upon any Common Property or easement areas, nor shall anything be done thereon
which may be or may become an annoyance or a nuisance to the remaining Owners or their
tenants or licensees or any of them, which shall in any way interfere with the quiet enjoyment of
such of the Owners, tenants, or licensees of his respective residence of Lot or which shall in any
way increase the rate of insurance for the Property.


How do you interpret this?

The part with the annoyance or a nuisance seems to fit here but the HOA management doesn't agree.

Right now the HOA is still under the builder not the residents and this is a management company running it.

Thoughts?

Just put a MAGA flag in front of their house that will get the HOA assholes out in force.

What did the adult neighbor do when you spoke to him? If my father found out I was being a nuisance to our neighbors, he would have tanned my hide and it wouldn’t have happened again.

If the adult doesn’t care, it would be scorched earth.

Plant corn

He wasn't there the first day / night it happened. I was planning on speaking to him the following day. As I was driving in the neighborhood I saw him in the garage...he looked at me pulling in and I went inside to put the groceries in the fridge and planned on going over and talking to him. As I was putting them away the music started and the kids jumped in the pool so clearly he waited for me to come home. So I decided that I'm done with trying to communicate...a few times over the past couple years I have spoke to him about a couple minor issues so we have been cordial to this point.

The HOA rules pretty clearly (to me at least) would prohibit their loud pool parties.  I would contact the HOA again and let them know you tried neighbor to neighbor, and now you want the HOA to take action.  Sue the HOA if they won't enforce their own rules.  However, it sounds like you should prepare yourself for retribution unless you figure out something else.

In Minecraft someone might just toss something harmless but obnoxious into the pool.

I sent this to the HOA manager earlier this morning...crickets.

This was my rough draft in notes...sent was a bit more refined:



If the noise, vulgarities, extremely loud  and vibrations inside the residence affect more than one neighbor is that still considered a neighbor to neighbor issue? The events of the other night had the immediate neighbor on the other side of 704 tell them verbally to stop the excessive noise and my next door neighbor come to my door asking me what was going on at 704. This neighbor also called the police.

This is having an effect on neighbors. Not just one, it's become a community issue.

The following clearly states "anything" which may become an "annoyance or a nuisance" "which shall in any way interfere with the quiet enjoyment" of one's lot.
--- -----------

Nuisances

nor shall anything be done thereon
which may be or may become an annoyance or a nuisance to the remaining Owners or their
tenants or licensees or any of them, which shall in any way interfere with the quiet enjoyment of
such of the Owners, tenants, or licensees of his respective residence of Lot

----------

Can you please explain how my and the  neighbors interpretation of this is wrong.

If you prefer (which will most likely cut down on all this email communication) you can give me a phone call.

I am 76  so the chances are slim,  but I only hope to GAWD  that I am not stupid  enough  to one day  "sign on" to an HOA

Frankly  I would investigate what  is the LEO  jurisdiction, AKA  city?  county?  and then see  just exactly what the  LAW is on  noise.  And if that appears to be  something that has been broken,  file a complaint that way.

Sorry to hear that you are in an HOA. Worse, sorry to hear that they don't give a shit. The reality is, writing a strong and convincing email doesn't usually get someone to do that which they already know they were supposed to do (enforce the covenants) but chose not to do. They wrote said covenants as a sales tool with no intention of being the enforcer and until your HOA reaches the point of incorporation and creation of a board, no one will be willing or obligated to sue the neighbor to enforce the rules. You can lawyer up but, then you have to decide who to sue..  the neighbor in breach, the defacto "president" of the HOA for failure to enforce the covenants,  both... just to get them to quiet down. I would actually start with a conversation. It's free.

I know when I played a high frequency tone on my phone, it really annoyed my kids.  I couldn't hear it at all.

Maybe putting a nice speaker on your side of the fence and playing some "music" would have a desired affect.