Condo Noise Dispute Resolution

Summary

Disabled residents in Ohio can request reasonable accommodations under the Fair Housing Act to address noise disruptions. If the condo board fails to act, filing a complaint with the Ohio Civil Rights Commission or HUD is an option. Hostile environment harassment can be claimed if the noise significantly impacts living conditions and the board does not take appropriate action. Reasonable accommodations are likely if they do not cause undue hardship to the condo association or other residents. Documenting communications and understanding legal definitions are crucial steps.

Full Conversation

resident has made a complaint to the board to issue covenant violation notice and ask them to stop. condo board is deliberating, and has suggested it may possibly allow occasional use for toddler to play in the area, even though the board president knows this, too, would become disruptive because of noise generated. it's not a directive to stop a child playing, but asking the adult in charge to stop violation the rule. resident has also made an attempt to communicate with the neighbor(s) and they have said they will not fully comply, that they will "not be the ones to make all the concessions. as the offended, disabled party, i don't think they have to make any concessions at all. they are the person aggrieved. correct?
In Ohio, under the Fair Housing Act, a disabled resident has the right to request a reasonable accommodation. Here are a few steps and points to consider:
- The disabled resident can formally request the condo board to enforce the rules to limit the noise.
- Document all communications with the board and neighbors.
- If the board does not comply, the resident can file a complaint with the Ohio Civil Rights Commission or the U.S. Department of Housing and Urban Development (HUD).
Would you like more information on how to file a complaint?
no thank you. the board has been told that it could come to that point, though. given that the offender knows and says she will continue "living her life" as she puts it, and the board only wants to partially stop a violation, can the disabled person conclude hostile environment harassment?
In Ohio, hostile environment harassment can be claimed if the conduct is severe or pervasive enough to create an intimidating, hostile, or offensive living environment. The disabled resident may have grounds if:
- The noise significantly impacts their ability to live comfortably.
- The condo board fails to take appropriate action to fully address the violation.
Would you like to know more about the legal definition or steps to take next?
yes, i'd like to hear more about the legal definition.
Case Rating: *
Hostile environment harassment involves conduct that is severe or pervasive enough to create an intimidating, hostile, or offensive living environment. Here are key points:
- Conduct must be unwelcome.
- Must significantly interfere with the resident’s quality of life.
- The condo board's failure to act can contribute to the hostile environment.
Would you like more information on any specific legal steps regarding this situation?
not at this time. if nothing presents an undue hardship to either to condo association or the offending residents in their use of property, would the chances of getting an RA good?
Case Rating: *
The chances of getting a reasonable accommodation (RA) are generally good if the accommodation requested does not present an undue hardship on the condo association or the offending residents. The Fair Housing Act supports reasonable accommodations to ensure the disabled resident can enjoy their property equally.
Would you like to know more about what constitutes an undue hardship or the process for requesting an RA?
yes
Case Rating: *
An undue hardship typically involves significant difficulty or expense for the condo association or the offending residents. Factors include:
- Cost of the accommodation.
- Financial resources of the condo association.
- Impact on the operation of the condo community.
Would you like more details on how to document and request this RA formally?
what might be considered an undue hardship or a great interference with another resident's rights?
Case Rating: *
An undue hardship or great interference with another resident's rights might include:
- Significant financial burden on the condo association.
- Major disruption to the condo community's operation.
- Substantial restrictions on the offending residents' lawful use of their property.
Would you like more details on how to document and request this reasonable accommodation formally?
so if the offending resident is in violation of covenants and restrictions, then their rights would not be affect, correct?
Case Rating: *
Correct. If the offending resident is in violation of covenants and restrictions, their rights are not being affected unjustly when asked to comply with the rules. The focus is on ensuring that the disabled resident's rights are protected.
Would you like more information on how to formally document and request a reasonable accommodation?
no thank you, this has been very helpful.
Case Rating: *
I'm glad you found the information helpful. If you have any more questions or need further guidance in the future, feel free to reach out. Have a great day!