His Battle Against the Upstairs Neighbor’s Unbearable Late-Night Furniture Dragging and Vacuuming Escalates to a Legal Confrontation.
When the Original Poster (OP) and his girlfriend find their peaceful nightly routine disrupted by an unusually noisy upstairs neighbor, they’re thrust into an escalating conflict involving sleepless nights, confrontations, and Homeowners Association rules. As the stakes rise, they’re forced to take drastic measures that lead to an unexpected climax.
The Midnight Awakening
OP goes to bed around midnight, comfortably after their girlfriend at 10 PM. The tranquility of their night is disturbed by an unexpected noise from the upstairs neighbor – it sounds like they’re dragging furniture around.
The Noisy Neighbor
By 1 AM, the noise persists and becomes a nuisance. The neighbor is incessantly moving furniture, which seems both odd and annoying at this hour. OP, unwilling to be confrontational, decides to ignore it, hoping it will stop soon.
The Early Morning Vacuum
Incredibly, at 2 AM, the couple is startled away by the sound of their neighbor vacuuming. Though disbelieving at first, they confirm it is indeed the peculiar sound of late-night cleaning. Despite the disturbance, OP and their girlfriend attempt to return to sleep.
The Never-Ending Stomp
The situation worsens over the next hour as the neighbor continues to march loudly across their entire apartment. The ceaseless noise and increasing annoyance build a crescendo of frustration in OP and their girlfriend.
The Retaliatory Knock
By 3:30 AM, OP decides this situation has gone far enough. Unable to sleep, OP takes a stance against the unwelcome disturbance. He knocks on their ceiling with a mop, signaling his annoyance with the neighbor’s thoughtlessness. In return, the neighbor responds with deliberate stomping on their floor.
A Fragile Home
Their home, a three-story walk-up condo, becomes the battleground. Although the floors and ceiling and quite thin and fail to provide a barrier against the noise, until now, the couple had managed to live here peacefully for over two years with no significant disturbances.
Discovering Their Rights
The next day OP is furious and exhausted from a terrible night’s sleep. He resolves to email the president of the building’s homeowner’s association (HOA) to investigate the bylaws to determine if there is any action to be taken.
HOA Bylaws Ignored
The HOA bylaws have clear guidelines against such disruptive actions. Specifically stating: “Residents are not to engage in activities which produce excessive noise during the hours of 10-7 Sunday through Friday,” seemingly a clear violation.
Activities, including vacuuming, are provided as examples that are strictly prohibited. Still, the neighbor seems to be oblivious to these rules.
An Unexpected Discovery
Searching for some resolve, OP investigates the noise source. They stumble upon a previously unknown fact that their neighbor runs a late-night home-based business. The noise has been a byproduct of these activities.
Confronting the Upstairs Neighbor
Fed up with the constant noise, OP decides to confront the neighbor. An awkward confrontation ensues, with the neighbor being defensive about their activities. The neighbor’s indifference to OP’s plea adds fuel to the fire.
The HOA Intervention
Left with no other option, OP decides to inform the HOA about the ongoing issue. They compile evidence, including recorded noises and timestamps, which persist several times over the following week, to present their case. They hope that the HOA’s intervention might finally bring some respite.
The Neighbor’s Defiance
The HOA steps in and warns the neighbor about their noise violations. However, the neighbor defies the warning and continues with their late-night operations. Their defiance escalates the issue further.
A Legal Battle Ensues
Faced with the neighbor’s outright non-compliance, OP and their girlfriend are considering escalating the issues legally. They are considering filing a lawsuit against the neighbor for violating HOA bylaws and causing mental distress. Additionally, they consider if they should also sue the HOA for not enforcing these rules adequately, despite the clear evidence they provided.
The Aftermath
The couple plans a meeting with a lawyer to review the case and decide how to proceed. The OP reaches out to an online community to see if they agree with the approach he is taking or suggest another way to proceed.
Is The Man’s Choice Appropriate?
The readers in the forum had a lot of mixed views on the matter. Here are some of their responses:
Forum Responded
One reader said, “That’s 100% an inconsiderate time to vacuum, whether they work an odd schedule or not. To think that 3 AM is ok to vacuum is ludicrous.”
Another responder wrote: “This is why I’m buying a house as my first place to live. If I want to vacuum at 3 AM, I can vacuum at 3 AM. I totally agree, though; I’d be annoyed too hence why I’m avoiding that situation altogether.”
A different person states, “I would call the landlord or superintendent. 3 AM is NOT reasonable to be cleaning and disrupting your sleep.”
What Do You Think?
What are your thoughts on their actions?
What would you have done in this situation?
This story is inspired by this thread.
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