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Thread started 12/23/08 3:49am

eaglebear4839

Suing over excessive noise...

I live in the SF E. Bay city of Concord, which has no noise ordinance laws. When I call the police to report excessive noise (bass from car speakers, mini-bikes, etc.), they usually brush me off, and have also told me that since the noise in question is happening on a private property, they will not come out, even to help me talk to the people making the noise - they say that's the job of the HOA (homeowner's assoc.).

The HOA that runs the condos where I live has put notices in their monthly newsletter about noise and various other things, but I have a feeling that apart from that, they're not really interested in doing anything else. I have been invited to the next Board Of Directors meeting that they're having, but I think they're going to give me just a few minutes to speak, and I've a feeling that I need to go into this with the assumption that they're going to try to divert responsibility. And since I don't own but rent, they've stated that my landlord has be present with me.

My question is this - if I don't get the results I desire, could this HOA be taken to court and have an injunction granted on them that would make them enforce their rules? About the only angles that I think I can take - one is to request that since I have a disability, that I be accomodated. I also wonder what would happen if my landlord stopped paying his HOA dues. I've been informed that riding mini-bikes in any area that's not a racing park is illegal in my area, and I could bring that up, too.

I don't really want it to go this far, but feel like for once I need to have my guard up and that I have to go this far, or else I'll not be taken seriously.

Suggestions, org?
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Reply #1 posted 12/23/08 3:53am

ArielB

Move somewhere else. Especially if you rent.
Even if someone did listen to you, there's little they can do. Even if they could do something' it'll take a long time until it'll actually be done.
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Reply #2 posted 12/23/08 3:55am

Mars23

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moderator

There is a such thing as a fair expectation of privacy/comfort on your property.

It would be up to you to decide if your situation warrants pursuing something along those lines, but there's something to look up in your locale.
Studies have shown the ass crack of the average Prince fan to be abnormally large. This explains the ease and frequency of their panties bunching up in it.
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Reply #3 posted 12/23/08 4:02am

eaglebear4839

You got it, and both the police and the HOA have stipulated this. I don't think it's a question so much of them not caring, but just not having the resources (at least in their mind.) Another thing I've thought of doing is going over the police, and either starting a petition, or going to a City Council meeting.

Mars23 said:

There is a such thing as a fair expectation of privacy/comfort on your property.

It would be up to you to decide if your situation warrants pursuing something along those lines, but there's something to look up in your locale.
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Reply #4 posted 12/23/08 6:14am

bboy87

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eaglebear4839 said:

I live in the SF E. Bay city of Concord, which has no noise ordinance laws. When I call the police to report excessive noise (bass from car speakers, mini-bikes, etc.), they usually brush me off, and have also told me that since the noise in question is happening on a private property, they will not come out, even to help me talk to the people making the noise - they say that's the job of the HOA (homeowner's assoc.).

The HOA that runs the condos where I live has put notices in their monthly newsletter about noise and various other things, but I have a feeling that apart from that, they're not really interested in doing anything else. I have been invited to the next Board Of Directors meeting that they're having, but I think they're going to give me just a few minutes to speak, and I've a feeling that I need to go into this with the assumption that they're going to try to divert responsibility. And since I don't own but rent, they've stated that my landlord has be present with me.

My question is this - if I don't get the results I desire, could this HOA be taken to court and have an injunction granted on them that would make them enforce their rules? About the only angles that I think I can take - one is to request that since I have a disability, that I be accomodated. I also wonder what would happen if my landlord stopped paying his HOA dues. I've been informed that riding mini-bikes in any area that's not a racing park is illegal in my area, and I could bring that up, too.

I don't really want it to go this far, but feel like for once I need to have my guard up and that I have to go this far, or else I'll not be taken seriously.

Suggestions, org?

Isn't Concord normally quiet? I went to HS there and I go to school in Pleasant Hill and it's usually calm....aside from some parts
"We may deify or demonize them but not ignore them. And we call them genius, because they are the people who change the world."
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Reply #5 posted 12/23/08 6:52am

eaglebear4839

That all depends on what you consider noisy.

bboy87 said:

eaglebear4839 said:

I live in the SF E. Bay city of Concord, which has no noise ordinance laws. When I call the police to report excessive noise (bass from car speakers, mini-bikes, etc.), they usually brush me off, and have also told me that since the noise in question is happening on a private property, they will not come out, even to help me talk to the people making the noise - they say that's the job of the HOA (homeowner's assoc.).

The HOA that runs the condos where I live has put notices in their monthly newsletter about noise and various other things, but I have a feeling that apart from that, they're not really interested in doing anything else. I have been invited to the next Board Of Directors meeting that they're having, but I think they're going to give me just a few minutes to speak, and I've a feeling that I need to go into this with the assumption that they're going to try to divert responsibility. And since I don't own but rent, they've stated that my landlord has be present with me.

My question is this - if I don't get the results I desire, could this HOA be taken to court and have an injunction granted on them that would make them enforce their rules? About the only angles that I think I can take - one is to request that since I have a disability, that I be accomodated. I also wonder what would happen if my landlord stopped paying his HOA dues. I've been informed that riding mini-bikes in any area that's not a racing park is illegal in my area, and I could bring that up, too.

I don't really want it to go this far, but feel like for once I need to have my guard up and that I have to go this far, or else I'll not be taken seriously.

Suggestions, org?

Isn't Concord normally quiet? I went to HS there and I go to school in Pleasant Hill and it's usually calm....aside from some parts
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Reply #6 posted 12/23/08 6:54am

bboy87

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eaglebear4839 said:

That all depends on what you consider noisy.

bboy87 said:


Isn't Concord normally quiet? I went to HS there and I go to school in Pleasant Hill and it's usually calm....aside from some parts

I know around the North Concord area, people can get real annoying and loud.
"We may deify or demonize them but not ignore them. And we call them genius, because they are the people who change the world."
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Reply #7 posted 12/24/08 4:27am

eaglebear4839

What gets on my nerves are those mini-scooters that kids (and some adults) drive around in, and car stereos so loud they set off every car alarm they pass by. mad

bboy87 said:

eaglebear4839 said:

That all depends on what you consider noisy.


I know around the North Concord area, people can get real annoying and loud.
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Reply #8 posted 12/24/08 4:37am

bboy87

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eaglebear4839 said:

What gets on my nerves are those mini-scooters that kids (and some adults) drive around in, and car stereos so loud they set off every car alarm they pass by. mad

bboy87 said:


I know around the North Concord area, people can get real annoying and loud.

I remember once me and my mom were driving and some dumbasses were driving behind us and were yelling through a megaphone. We nearly got into an accident. They thought talking through a megaphone was funny mad
"We may deify or demonize them but not ignore them. And we call them genius, because they are the people who change the world."
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Reply #9 posted 12/24/08 4:57am

psychodelicide

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Oh boy, I feel your pain about people who make excessive noise. The bitch who lives below me makes noise at around 6:00 in the morning and wakes me up. rolleyes If I report her to the condo association, she does stuff intentionally to "get back" at me. She is soooo damn childish, it's sickening! I hope you get it worked out. hug
RIP, mom. I will forever miss and love you.
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Reply #10 posted 12/24/08 2:42pm

XxAxX

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eaglebear4839 said:

I live in the SF E. Bay city of Concord, which has no noise ordinance laws. When I call the police to report excessive noise (bass from car speakers, mini-bikes, etc.), they usually brush me off, and have also told me that since the noise in question is happening on a private property, they will not come out, even to help me talk to the people making the noise - they say that's the job of the HOA (homeowner's assoc.).

The HOA that runs the condos where I live has put notices in their monthly newsletter about noise and various other things, but I have a feeling that apart from that, they're not really interested in doing anything else. I have been invited to the next Board Of Directors meeting that they're having, but I think they're going to give me just a few minutes to speak, and I've a feeling that I need to go into this with the assumption that they're going to try to divert responsibility. And since I don't own but rent, they've stated that my landlord has be present with me.

My question is this - if I don't get the results I desire, could this HOA be taken to court and have an injunction granted on them that would make them enforce their rules? About the only angles that I think I can take - one is to request that since I have a disability, that I be accomodated. I also wonder what would happen if my landlord stopped paying his HOA dues. I've been informed that riding mini-bikes in any area that's not a racing park is illegal in my area, and I could bring that up, too.

I don't really want it to go this far, but feel like for once I need to have my guard up and that I have to go this far, or else I'll not be taken seriously.

Suggestions, org?



i'd maybe approach the SF City Council about getting noise ordinances in place. hope it works out for you
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Reply #11 posted 12/24/08 6:30pm

ArielB

The thing is, you're talking about loud music from cars, or bikes. Those are vehicles. I can drive by one day close to your home and be loud. You can't prevent that, unless someone sits there all day and makes sure anyone who is driving there is not loud. This is an impossible thing to do, realistically.
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Reply #12 posted 12/29/08 3:57am

eaglebear4839

I have a problem with your reasoning. Given your logic, everyone should just be able to do whatever they please, regardless of whom they are disturbing or bothering, because it's not something that can be controlled. People used to say the same thing about seat belts, mandatory insurance, and most recently the new cell phone law. I realize that everyone can't be tracked 100% of the time, but there's got to be something that at least helps keep people in check. Hit them in the pocketbook enough times and they'll get the message. And the more I think about it, the more the idea of being able to ticket someone because of "decibel abuse" seems like a good idea.

See, the issue for me is not so much that it's peaceful and quiet all the time because I say so, but rather because when I go for walks in the neighborhood, I listen to the silence (which leads to stillness), because when I can hear silence, to me that's when God is allowed to talk (this is also known as intercession in religious terms), and to do this requires a certain level of concentration. Why should I have to wait until people are in bed to enjoy silence in this way? (Makes me wonder if a legal precedent could be set this way....hmmm...)

ArielB said:

The thing is, you're talking about loud music from cars, or bikes. Those are vehicles. I can drive by one day close to your home and be loud. You can't prevent that, unless someone sits there all day and makes sure anyone who is driving there is not loud. This is an impossible thing to do, realistically.
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Reply #13 posted 12/29/08 4:03am

Dewrede

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it comes with living in the city

frankly you sound whiney confused
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Reply #14 posted 12/29/08 6:42am

Diva

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There is only so much the HOA can do -- you can experience the same things living in a house, what would you do then?
--ยปYou're my favourite moment, you're my Saturday...
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Reply #15 posted 12/29/08 7:38am

errant

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I also hate when those pesky neighbor kids hit their baseball into my backyard! Damn hippies with their rock & roll and baggy pants! mad
"does my cock look fat in these jeans?"
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Reply #16 posted 12/29/08 7:50am

Muse2NOPharaoh

If I may be so frank, you seem very hard to please. You'd do better on an estate in the outskirts of the city.

If I am understanding correctly, your issue is with moving vehicles. Lets say you get a noise ordinance... how is it to be enforced? Is an officer (per-say) to lie in wait for the offenders? Its just not going to happen.
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Reply #17 posted 12/29/08 7:55am

eaglebear4839

Does me sounding whiney invalidate my concerns? No. I don't really care in this case how people think I sound. Sometimes ya just gotta whine about stuff if you want shit done!



Dewrede said:

it comes with living in the city

frankly you sound whiney confused
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Reply #18 posted 12/29/08 7:57am

Muse2NOPharaoh

eaglebear4839 said:

Does me sounding whiney invalidate my concerns? No. I don't really care in this case how people think I sound. Sometimes ya just gotta whine about stuff if you want shit done!



Dewrede said:

it comes with living in the city

frankly you sound whiney confused

Would you be interested in knowing that as a rule ( general rule mind you,) we are given to post our remarks below and not above the last post? Just in the sake of conformity and all...
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Reply #19 posted 12/29/08 7:58am

eaglebear4839

How it is to be enforced is to deputize people to carry decibel meters, and just like at stop light/stop signs, people can catch driver's licenses and find out where they live (it's a matter of public record), and the offender can then get a little ticket sent to them. If they go without paying, then they get their stereo confiscated (and as I recall, San Diego police can do this and they do.) Hit 'em in the pocketbook enough, and they do learn.

Muse2NOPharaoh said:

If I may be so frank, you seem very hard to please. You'd do better on an estate in the outskirts of the city.

If I am understanding correctly, your issue is with moving vehicles. Lets say you get a noise ordinance... how is it to be enforced? Is an officer (per-say) to lie in wait for the offenders? Its just not going to happen.
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Reply #20 posted 12/29/08 7:59am

HamsterHuey

BELOW, DAMNIT!

Yer making it hard for dyslexic people!

Jeez.

Are are you just a natural topper? batting eyes
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Reply #21 posted 12/29/08 8:02am

eaglebear4839

I goofed - sorry!!!!! booty! (catch my drift? Psyche!)

HamsterHuey said:

BELOW, DAMNIT!

Yer making it hard for dyslexic people!

Jeez.

Are are you just a natural topper? batting eyes
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Reply #22 posted 12/29/08 8:05am

Muse2NOPharaoh

eaglebear4839 said:

I goofed - sorry!!!!! booty! (catch my drift? Psyche!)

HamsterHuey said:

BELOW, DAMNIT!

Yer making it hard for dyslexic people!

Jeez.

Are are you just a natural topper? batting eyes

Give that man a ticket, Herman!
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Reply #23 posted 12/29/08 8:06am

HamsterHuey

Muse2NOPharaoh said:

Give that man a ticket, Herman!


For sniffing too much poppers?

Say no to drugs, Eaglebear!

And post BELOW. grrrr
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Reply #24 posted 12/29/08 8:07am

eaglebear4839

HamsterHuey said:

Muse2NOPharaoh said:

Give that man a ticket, Herman!


For sniffing too much poppers?

Say no to drugs, Eaglebear!

And post BELOW. grrrr


Fine! Are you happy? LOL. Gosh, things were getting a little too serious there. Make a man feel like he's in a bitchfight
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Reply #25 posted 12/29/08 8:09am

HamsterHuey

eaglebear4839 said:

Fine! Are you happy? LOL. Gosh, things were getting a little too serious there. Make a man feel like he's in a bitchfight


Yes, I am very happy.
We like getting serious.
And yes, I do have that effect on people. I don't know why? innocent
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Reply #26 posted 12/29/08 8:10am

Muse2NOPharaoh

eaglebear4839 said:

HamsterHuey said:



For sniffing too much poppers?

Say no to drugs, Eaglebear!

And post BELOW. grrrr


Fine! Are you happy? LOL. Gosh, things were getting a little too serious there. Make a man feel like he's in a bitchfight

sad but Hermys a lova' not a fighter!
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Reply #27 posted 12/29/08 8:13am

HamsterHuey

Muse2NOPharaoh said:

eaglebear4839 said:



Fine! Are you happy? LOL. Gosh, things were getting a little too serious there. Make a man feel like he's in a bitchfight

sad but Hermys a lova' not a fighter!


True. I'm a big poodle.
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Reply #28 posted 12/29/08 8:14am

Muse2NOPharaoh

HamsterHuey said:

Muse2NOPharaoh said:


sad but Hermys a lova' not a fighter!


True. I'm a big poodle.

nod One who likes to flash his ass.
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Reply #29 posted 12/29/08 8:16am

HamsterHuey

Muse2NOPharaoh said:

HamsterHuey said:



True. I'm a big poodle.

nod One who likes to flash his ass.


Ermmm. Only when I had a few beers, hun.


(heeeheeee, I miss-typed at first and typed Only when U had a few beers. That U is next to the I. If I flashed my bum every time YOU got a few beers, I would have my ass out ALL of the time!)

batting eyes
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