QUESTION
What are my options and if court is the option, how or what do I need to do to force her to comply?
Asked on Aug 21st, 2014 on Landlord and Tenant Law - Michigan
More details to this question:
I own condo which sits on top of 4 garages and I currently rent it out. One garage is owned by an elderly lady. Her opener vibrates and is loud. It is even heard in the master’s bedroom right above. The HOA inspected and they deemed themselves not at fault and the owner refuses to replace the opener stating it still works and that she will not replace it no matter what anyone says. I even offered to replace it at my expense and she said save my money and take her to court. The opener works and isn’t super loud from the garage but in the master bedroom in my unit, the harmonic vibration is so bad that it rattles the bed and it creates loud noise. She comes and goes many times throughout the day. I am bound to provide a peaceful place for my tenants but it is out of my control. What facts should I gather? Thank you for your thoughts!
2 ANSWERS
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You obviously pissed off this woman if she will not agree to act even at your expense something is pretty off. The Condo Association BYLAWs should state that she cannot do anything to disturb the peace of the other condo owners or some such thing.that would give you a right to sue both the HOA and her for not acting to reduce the vibration I would get a recording/video of the vibration and try to get the vibration on tape... then NICELY ask her again showing her the tape. if she will not act.. contact the HOA with the same.. If she will still not act.. sue both.
Answered on Aug 26th, 2014 at 2:08 PM
The issue you might focus on is that her garage door is disturbing an occupant's quiet enjoyment of that premises and noise abatement/nuisance. Get city involved. No different than if neighbor's a/c unit was loud. She wants you to sue her then sue her, maybe that will change her tune. Unsure from your story how she owns garage under your condo. If all property is condo then go to condo board for relief.
Answered on Aug 25th, 2014 at 11:21 AM