AZHOC - Arizona Homeowners Coalition
Voice for homeowner rights and justice.

Upstairs Guy With SuperHero Hearing

Help. Anyone here had to deal with neighbor complaining about ac unit noise?

Respectful neighbor for +14 years. Reconverted 1991 apartments to condos early 2001. Per Property Manager (PM) recommendation of ac guy, installed Train and air handler in July 2015. Never a noise complaint from upstairs neighbors in condo unit directly above. Low energy bills. In Oct 2018 law degree kid buys condo above. Mid Dec PM says kid has to wear ear plugs and has made several attempts to contact me (lie). After 3 ac unit guys and a general contractor, 7 rubber ISO pads, foam, air handler straps, $500 and time off work, kid is still not happy. His noise and vibration complaint location has constantly changed in location and nature…ceiling, then fireplace and hall, then floor because of my air handler…then just when heat is on… Find out 4/8/19 that kid joined the Board Dec/Jan. Never was told. Have sent certified letters asking for minutes and governing docs and never received. Threats by PM only by email of an open violation but never stated what covenant I violated or how to resolve. Cannot sell my property to be with my gal in Chandler because of this weird dude. I feel I am the only one making any effort for his sensitively issue. PM has blocked access to human contact with Board members. No board meeting March or April as in the past. Recommendations appreciated. – Tobin

1 Response

  1. Dennis Legere


    I’ll provide a more detailed response to your direct e-mail, but for the benefit of all of our members I’ll provide this response here. Let me just start with it is unusual that your AC unit is your responsibility to maintain in a Condo unit. These would mostly be common property with the association responsible. The first thing that you want to do is validate in the CC&R’s that the AC unit is your responsibility, and not common property. By law if the association cites a violation of the governing documents they must identify the specific provision of the governing documents that you are allegedly violation. You should have received a copy of the condominium documents before you closed on your unit again by law. They must give you 21 day to contest that violation and request a specific hearing before the board. You as the homeowner have the choice for that hear in either open session or closed session of the board.
    It sounds like you have done everything possible to ensure that the AC unit is operating properly, my only recommendation from here is that most AC technicians have a decibel meter to measure the sound level of the unit when running. Have them measure and document the decibel level for your unit and take a walk around the complex and measure the decibel level for other units when operating. If the noise level of your unit is similar to that of other operating units they have no legitimate basis for any alleged violation.
    This is simply a case of a homeowner that does not like living in a condo, if he does not like living in close proximity with other people and units he should not have moved into a Condo. Because he’s an attorney does not make him credible or right. Most but not all are simply a legend in their own mind.


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