You must disclose any defects with the property, and in my professional opinion, this will scare off some potential buyers. Given that issue, along with your taking a huge loss on your investment, I would say it is not a good time for you to sell.
It would be better for you to retain a good Real Estate Attorney to go over what your legal rights are in this case. You should be able to get action taken, repair the defects, and then have a place you are happy with until the market is more in your favor.
I wonder, though if the noise is an objective or subjective problem. I had someone living above who complained because I was typing on my computer key board at 2 and 3 in the morning. Now clearly he heard something or he wouldn't have know I was typing. But the board and others agreed after investigation that I was not being a nuisance. When he was transferred he did not have to disclose my typing.
In terms of insulation you might not have to rip the ceiling. Have you tried to have acoustic material sprayed on? If you already have a layer would adding a second help? How about cork tiles. These are just some suggestions that might make the situation more bearable for you
Keep me posted,
Lesley Harris, Realtor
noise affect different people...
You can sell... you will need to disclose and this will effect your price.. but what is your sanity worth...ths should cost less than a lawyer and actually get results in the end...
You could open up your ceiling and install sound proofing.. no idea on cost but worth looking into...
Good luck... call if I can assist...
It is usually a good idea to hire a real estate attorney, but her you need to contact attorneys that know HOA law as well. One of the top offices in the state is Adams Kessler PLC. One of their offices is in Los Angeles. Phone 800-464-2817. It will definitely be worth it to have this problem resolved before selling your condo. As the other Realtors have noted, you will have to disclose all of the problems, and it will negatively impact your sales price. Invest a few dollars with an attorney and have your problem resolved.
Best of luck,
ERA Buy USA
Lesley Harris, Realtor
Clearly your HOA board is well aware of the problem and your rights.
Clearly, you have one or two options continue to call and document to the HOA board President or
Get yourself a good RE Attorney, clearly should you win the case they will have to pay your attorney's fees
Either after trial or after arbitration.
The challenge you have is that right now many HOAs are bandwidth limited with Owners not paying dues
And personal issue faced by the Board Members themselves.
Prudent for you to communicate you are serious by calling the HOA President and writing 2 letters for the next two weeks which of course you should copy and send by Certificate of Mailing.
Then you should attend all HOA meetings and bring this issue up. They will need to report it in the minutes. If there is a violation and they do not resolve it per the HOA rules then escalate to the VP or operations. There is always a higher up person. Document everything, date, who what where when why how.... etc. Request in writing and ask for their response in writing. If you find that you hit a brick wall, then litigation is the next step.
Bare in mind that litigation can be problematic for the HOA and any seller because lenders will not fund on the complex if there is litigation.
If you do decide to sell you need to disclose the this entire issue to the next buyer. They may buy, but deduct value due to it.
Take your CC&R's to an attorney first. You have done everything right and there is no relief from the people who are responsible for enforcement of the rules. This is how dumb lawsuits come to fruition. People dont do the right thing and suddenly everyone loses.
Sue. Sue them and don't let up when they cave, which they will. Sue the HOA and the homeowners above. Talk to a lawyer, and have the lawyer figure it out. You have been patient for 3 years, and they have ruined your quality of life and caused your home to very likely depreciate in value. We could be talking punitive in addition to actual damages. They will sit up and take notice when all of them wind up taking a financial hit due to the negligence. Truth be told, after your patience, you should be walking away from this situation with a profit. You acted in good faith and they took advantage of it.
Another approach is for you to give notice of intent to sue -- have an attorney do this -- and you might be able to settle out of court. This could be done with a few letters. Basically they should fix the place up and pay you maybe $20,000 or $30,000 extra. That would be fair for this kind of nonsense.
If you would like a no obligaton consultation from a local Long Beach Realtor, to find out what your options are, feel free to contact me.
What 's more imprtant is the condition of your property , the current value. as well as your equity.
You'll need to have a CMA done to know if selling is a possibility or not. If you'd like a free no obligatoin CMA EMAIL me at PalmSprings4Sale@Live.com and I'll send it right off to you.
You'll be able to make a better decision about the property when you know all the facts, and who knows you may be on your way to a noise-less future.
#1 Listing and Selling Agent
As long as you disclose to any potential buyer all of the problems you have described above, you would still be able to sell it, as long as it was priced competitively - that is the key. You just have to make sure that you do not try to conceal any of the problems you are having with the place. Whether or not you would take a huge loss really depends on how much you have invested in the property versus the current fair market value. But as holds generally true with all properties, if they are priced correctly they will sell.
Hope this helps - let me know if you have any questions.
Coldwell Banker Residential Brokerage