CAI-NJ April 2020(w)

Community Scenarios from a Lawyer, Manager and Insurance Professional Perspectives

Gital Dodelson, Esq., Giordano, Halleran & Ciesla Larry Thomas, PCAM, Taylor Management Company, Inc., AAMC, AMO Ryan Weiner, Brown & Brown Insurance

What is your approach for handling excessive noise (loud music, etc.) coming from the interior of a unit late at night? Gital Dodelson, Esq.: The first step should always be a courteous conversation with the unit owner, requesting that they be mindful of the other residents of the community. If the problem persists, you may want to determine whether any township ordinances exist that enforce certain “quiet hours.” If not, the association typically can adopt rules and regulations to promote harmony within the community. Legally, however, the association cannot impose any fines or penalties until the unit owner has prior notice of the new rules and an opportunity to be heard on the matter. Larry Thomas, PCAM: I would start by suggesting that the complaining neighbor has a conversation with the res- idents of the unit where the noise is coming from. In many situations, the offending party isn’t aware that the noise is bothering other nearby residents. If this doesn’t work, check

the association’s governing documents and local ordinanc- es to determine the laws and restrictions concerning loud noise, contact the offending party, and make them aware that they are violating either association or local laws or ordinances. If these measures do not work, offer mediation to both parties, but remember, both parties must agree to participate in the mediation process. Ryan Weiner: I have found that the “hands-off” approach is often the easiest, but rarely the most effective in this scenario. Even in the most helpless circumstances, the asso- ciation may find themselves holding a summons and com- plaint, or a threat to sue the association, from a disgruntled owner. Regardless of whether or not the association’s attor- ney assisted in initially writing a letter to hopefully eliminate the noise issue, the first step from here is to consult with your insurance agent about putting your carrier on notice. Failure to do so could lead to coverage declinations from late reporting or “pending & prior litigation.” CONT I NU E S ON PAGE 38

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