Purchased a brand new condo in Atlanta, GA in April 2004.
Everything was great until October 2004 when the neighbors moved in
upstairs. Noise from footsteps, and the dropping of objects and the use of
vacuum cleaners are disturbing any enjoyment I may have from the
"peaceful confines" of my Unit. I have adjusted my walking habits to
help the neighbor below me and wrote a similar note to my upstairs
neighbors requesting that they not wear shoes for long periods of time
and to please not run in their unit, especially early in the morning.
Now it seems that they just don't care. The problem has made my
ability to study, sleep and even listen to the TV or music at a
reasonable volume, impossible. I have had a soundproofing expert come
in and assess that there seems to be a problem with construction, or
no insulation between floors.
Please believe when I say that the noise and vibrations generated by
the "normal daily activities" of my neighbors is intrusive. My condo
board will not help, even though they have sued the builder of my
condo for other construction related problems.
The board fall back position is that if the neighbors have hardwood
floors, 90% of the floors must be covered by carpeting as per the
condo handbook.
I have been accused of being hypersensitive and am still dealing with
a toilet leak from above which existed prior to my warranty expiring.
I didn't pay 250K to live in a cheap building. I need to hire an
engineer and have talked to an
attorney.
I have been told that the state of Georgia is a good ol' boy
network with the worst building codes in the country, for new
construction. The builders response is "We built to code".
I feel that I have been ripped off and will not let this rest. I have
written professional letters to my board, the neighbors and to the
builders, and have been met with complete indifference.
The latest news is that the builder has sold units to family and
friends within the 99 units (3 bldgs) to prevent a 100% board vote to
sue the builder in a class action suit. This info came from an
attorney who has recently resigned from our condo board.
What's next? I can't sell right now and I have a wonderful looking
Unit that is a heartache from the moment I walk across the threshold.
Help!!! |
Request for Question Clarification by
sublime1-ga
on
04 Jan 2006 10:20 PST
bradfordt...
Let me also add that, as an owner, you are entitled to a copy
of the Articles of Incorporation for the Association, as well
as a copy of the CC&Rs (Covenants, Conditions and Restrictions).
Obtaining copies of these should be your first step.
These will tell you what written agreements have already been
created with regard to community members, as well as telling
you precisely what percentage of the members are needed to vote
for any measure, such as a lawsuit against the builders. A
100% vote is unheard of. A quorum of 60-70% is usually all
that's required.
It should also outline what decisions the board is entitled
to vote on, without convening the general membership, and
what sorts of issues require the vote of the community at
large.
Knowing these things is the first step. Let me know what
you think...
sublime1-ga
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