HOA noise can be one of the most divisive issues in a community association. Just because someone owns a home doesn’t give them the freedom to make as much noise as possible. Common courtesy dictates that residents should be considerate of their neighbors, but some laws and rules control noise in a neighborhood.
What to Include in an HOA Noise Policy?
Every HOA community should establish a clear noise policy. This policy helps control the noise within the association and penalizes those who break the noise restrictions. It is even more critical to condo associations, where residents live in such close proximity to each other, often only separated by thin walls.
Noise can easily travel, especially when it’s loud enough. To maintain peace and order as well as protect quiet enjoyment, associations should come up with a noise policy that includes the following:
1. HOA Quiet Hours and Acceptable Noise Levels
First, associations should define acceptable noise levels within the neighborhood and establish quiet hours.ย Quiet hours, also known as HOA noise hours, dictate when residents can and can’t make noise above a particular decibel.
During quiet hours, residents are not allowed to make loud noises. These hours can differ from one community to another, but they often fall somewhere between 10 p.m. and 8 a.m. This is usually the time people are asleep, so disturbances are not welcome.
2. Formal HOA Noise Complaint Procedure
Associations should establish a formal procedure for receiving and investigating noise complaints.ย If a resident wishes to submit a noise complaint against their neighbor, they must go through the proper channels.
For example, an HOA board may only accept complaints made in writing. Once the board receives this complaint, it must then take the necessary steps to investigate the complaint to see if there is any truth to it. Alternatively, the board can delegate this job to an enforcement committee or the HOA manager.
Of course, catching noise violations in the act is not always possible. This is why many associations require proof of the noise to avoid a “he said, she said” scenario.
3. Penalties for HOA Noise Violations
When a resident violates noise restrictions, consequences should follow. These consequences are designed to deter violations and penalize rulebreakers. Of course, every association will have its own penalties, but fines are the most common.
Whether or not an association can imposeย HOA noise complaint fines depends on two things: state laws and the governing documents. In Texas, an HOA may impose fines only if its governing documents allow it. If an HOA has this authority, Section 209.0061 of the Texas Property Code requires the creation and distribution of an enforcement policy.
Before levying a fine, the association must allow the resident to be heard. At this hearing, the resident can present their side of the story, along with any evidence supporting them. The HOA board can then decide after the hearing.
Can You Complain to HOA About Neighbor?
In general, yes. Homeowners can complain to their HOA about a neighbor making a nuisance, but a complaint does not guarantee a resolution.
Whether or not the HOA can act on the complaint depends on authority. For example, if the neighbor broke a rule, the association can take action after proper notice and an opportunity to be heard.
On the other hand, if the HOA does not have the authority to act on it, the board will likely advise the resident to resolve the issue with the neighbor directly. More often than not, talking to noisy neighbors will take care of the problem. Sometimes, neighbors are unaware that they are already making too much noise.
For illegal acts, it is best to report the matter directly to local authorities. An association does not have the power to enforce the law. When it comes to noise, local noise ordinances may apply, and residents can file a complaint with their city police department as well.
Understanding Noise and Nuisance Laws in Texas
Nuisance refers to a condition or act that causes a disturbance or inconvenience to a person, often a neighbor. It typically comes in the form of noise, but it can also cover foul odors, pests, bright lights, and smoke.
There are two types of nuisances:
- Public. This affects the general public and falls under state and local regulations.
- Private. This affects a specific individual. If the parties involved can’t come to a resolution, it often requires legal action.
In Texas, cities have the power to enact and enforce noise ordinances. Counties don’t possess this same power. Additionally, HOAs and condo associations may also have noise restrictions. Whether or not an association can enforce such restrictions depends on its governing documents.
How to File a Noise Complaint in Texas
In Texas, residents can file a noise complaint with their local law enforcement agency. For other nuisance complaints, residents can file a complaint with their local code enforcement or public health department.
In Houston, residents can report excessive noise by contacting the non-emergency line of the Houston Police Department at (713) 884-3131.
Residents should check their local noise ordinances first. This way, they can verify if their neighbor has violated the ordinance with certainty. Many cities also have quiet hours, similar to private neighborhoods.
Those who live in an HOA or condo community may also refer to their governing documents. If their association has noise restrictions and their neighbor is in violation, they can file a complaint with their HOA board or manager.
The Importance of Dispute Resolution
Dispute resolution is essential to keeping peace and order within a community. If an HOA lacks noise rules or the neighbor’s noise isn’t loud enough to warrant a violation, board members should recommend dispute resolution.
Associations should encourage residents to try to resolve the noise issue with neighbors directly. Sometimes, all it takes is a simple conversation. Remind them to be polite and approach the matter with a level head.
If necessary, the board may need to step in and apply internal conflict resolution methods. Most associations have an internal process outlined in their governing documents. This includes sitting down with both parties and attempting to reach a compromise.
Should that not work, the board can recommend alternative dispute resolution (ADR). Mediation and arbitration are the most common forms of ADR, but both require the help of a third-party professional.
A Helping Hand
It is not always easy to navigate HOA noise concerns, especially for self-managed boards. Hiring a professional management company can make a world of difference. An HOA manager can help investigate noise complaints, field questions, and enforce noise restrictions.
Graham Management offers exceptionalย HOA management services, including rule enforcement, to Houston communities. Call us today at (713) 334-8000, request a proposal, orย contact us onlineย to learn more.
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