My residential condominium unit is in a mixed use condominium and the commercial unit adjacent to my unit has some kind of equipment which emits a noise which frankly gives me a headache. Can I do anything about this?

I assume you have taken the obvious step of talking to the owner of the unit and making inquiry as to what kind of a piece of equipment it is that it could be making such a noise and can he fix it so the noise will stop. If that does not work there probably is a provision in your condominium documents that prohibits making noise which is disturbing to other unit owners so you should take a look at the master deed and condominium trust and any rules and regulations which have been adopted by the condominium trustees. If the noise is bothering you it could be that it is also bothering other unit owners, so you should speak with a member of your board of trustees or the management company which manages the condominium complex and have them speak to the owner of the commercial unit to see if the owner will be more responsive to thier inquiry. 

There are also noise tolerance requirements in building and zoning laws so if you don't get anywhere with the folks in the building you may want to file a complaint with the Inspectional Services Department and see if you can get them to investigate the source of the noise and determine if in fact it is a violation of their rules or regulations. If it is, they may issue a cease-and-desist order to the unit owner and they can take the owner to court if the owner fails to correct the problem. If all of that fails you can bring a lawsuit against the other unit owner for maintaining a nuisance in the unit and look for damages for the pain and suffering you have incurred as a result of the maintenance of that nuisance as well as a court order to require the unit owner to put an end to the noise. Given the fact that this noise disturbs you to the extent it does, it will clearly have an impact on the value of your unit if you ever try to sell it, so it looks like it is a problem you cannot ignore.

 

If you have questions about this or any other legal matter, please contact Tom Bennett at (617) 531-6574 or tvb@barronstad.com.