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No, the HOA cannot prevent your children from playing in common areas or even from making noise during the day. This is settled case law regardless of HOA policy folks. Please refer your HOA to the Fair Housing Act if they have questions.
Communicate with your neighbor: Try to address the issue directly with your neighbor in a calm and respectful manner. File a formal complaint: If direct communication doesn't resolve the issue, file a formal complaint with your HOA or condo association.
It shall be unlawful and a violation of this chapter to conduct or permit any activity, or to produce, create or allow any noise beyond that person's property boundary or on a public street or highway, which exceeds ninety-two (92) dB(A) between a.m. and p.m. daily or sixty-five (65) dB(A) between p.m.
Document the Behavior : Keep a record of the incidents, noting dates, times, and descriptions of the noise or rude behavior. Communicate Calmly : If you feel comfortable, approach your neighbor and address the issue directly. Set Boundaries : If direct communication doesn't work, set clear boundaries.
It is the responsibility of the HOA to abate the noise. If they are unwilling or unable to rectify the situation you can file suit against the board for breach of their duties. You can bring a separate action against the tenant and the unit owner if you wish to pursue that route.
Most local noise ordinances designate "quiet hours"—for example, from 10 p.m. to 7 a.m. on weekdays and until 8 or 9 a.m. on weekends. So, running a power mower might be permitted at 10 a.m. on Saturday, but not at 7 a.m. Some universally disturbing sounds are commonly banned or restricted.
The playing of any radio, phonograph or any other musical instrument in such a manner or with such volume, particularly between the hours of p.m. and a.m., as to annoy or disturb the quiet, comfort or repose of persons in any office, hospital or in any dwelling, hotel or other type of residence, or of any ...
However, if you live in a flat it is likely that the noise will be heard by your neighbours so it is advisable not to use after 11pm when people are trying to sleep. This may still be too late for some people, if they have young children sleeping or they wish to relax in the evening and 9pm may be more appropriate.
It shall be unlawful and a violation of this chapter to conduct or permit any activity, or to produce, create or allow any noise beyond that person's property boundary or on a public street or highway, which exceeds ninety-two (92) dB(A) between a.m. and p.m. daily or sixty-five (65) dB(A) between p.m.
The subject could be in violation of Phoenix City Code Noise Ordinance 23-12 if construction work is creating unreasonably loud, disturbing and unnecessary noise as described by Phoenix City Code 23-14(h): Building construction.