Q&A: Can We Control the Volume in Common Areas?

Q As part of its common elements, our new condo contains an atrium and courtyard, which is close to our unit. Residents can rent it out for events until 11 p.m. Unfortunately, these events get very loud and we’ve asked the residents if they could be more considerate, which was been futile. We’ve brought this to the attention of the management but they have done nothing. Is there anything we can do? Can we change the time in the bylaws?

—Tired of Noise

A “Executive boards have a number of tools for regulating behavior in common areas,” says attorney Adam J. Cohen, Esq., of Pullman & Comley, LLC in Bridgeport, CT. “Depending on your state’s laws and your condo’s governing documents, the board can usually impose monetary fines (after a hearing) against the noisy attendees and the host, require an advance deposit for reserving the areas from which noise penalties can be deducted, and/or amend the bylaws to impose an earlier end time. If your board is not willing to take steps like these, you should check for local noise ordinances which the police may enforce against the attendees directly if called. Even persuading the board or manager to simply require the resident reserving the space to sign a form which accepts responsibility for these types of potential consequences may be a good way to get that resident to be more proactive about keeping the noise down.”

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