Sorry to hear about your problem with the association and your neighbor. There do seem to be issues with upstairs neighbors and noise at times. I wonder if you have carpet on the floors? That seems to help somewhat. Unless you can convince the association to change the rules, I believe you have to abide by them or find another home.
I am not on the board.
I am just so frustrated that I can't do anything in my unit on a Saturday afternoon without the person under me coming up and complaining. There has to be some rule that overrides this one and allows me to make reasonable noise on the weekend. I want to put up a shelf on Saturday and I know she will come up ... She always does.
Many times she has come up and I have told her I hear the noise too (which is not coming from my unit) but she thinks I am lying even though I am standing there talking to her and we still hear the noise. The neighbour under me is a pain BUT the rules do say noise only during 9-5 Monday to Friday.
Prudential California Realty
Beverly Hills, CA