Q: “I live in a three-floor, four-room, 30-unit condo, mostly 50-plus, with the only family with children (ages two and three) living on the third floor above me. For the past year there has been an excessive amount of constant running; playing on tile floors with outside-type toys; screaming and crying from 7 a.m. until 8 p.m.; and playing in the bathroom. The sound from jumping off the sofa and onto the floor has become almost unbearable. In addition, the mother has very little control over the children and prefers to keep them in the house than taking them outdoors.

“I approached the husband one night when the noise had gotten unbearable and he didn't realize that it was that bad. He apologized and said he would see that it didn't happen again. However, the wife simply ignores him and the kids continue on. In addition, the wife has a "potty" mouth and there is a lot of arguments with foul language between the husband and wife.

“Bottom line: I complained to the property management (as well as other owners) about the noise from the family. The parents were sent a letter asking them to control their children. The noise stopped for three days but has since started again. They were notified again by property management but ignored the warning.

“So my question is, what is the next step to enforce these owners to follow the "noise" rules? Can an attorney help me? I am at my wits end. I leave my unit for most of the day and wind up going to bed at 7 each night just to have some peace.”

—Exasperated Tenant

A: “Noise disputes are, unfortunately, both common and complex in the condominium context,” says Gary Daddario, partner in the Westford-based law firm Perkins & Anctil, P.C. “While this writing is not intended to provide legal advice, it may contain helpful information. As with most issues, a first recommendation would be to review the rules and regulations of your particular condominium relating to noise. If there are specific rules, the condominium association has a duty to enforce them. Sometimes, the rules specify “quiet hours” for the community. Based on the facts provided (high noise between 7 a.m. and 8 p.m.), there may or may not be a violation. Often, designated “quiet hours” are more in the range of 10 p.m. to 7 a.m.

“In addition to “noise” rules, your association may have rules pertaining to “nuisance.” If the disruption rises to the level of “nuisance” (which has particular legal requirements) and the association has a rule regarding nuisance, then the condominium association should enforce the rule. “Further, your condominium’s documents may contain a provision regarding arbitration or mediation. It is worth examining any such provisions for potential applicability. They may provide a means of attempting resolution of this dispute as well.

“Note that great deference is typically provided for the decisions of condominium boards. In the event that your board determines that this issue does not present an enforcement scenario fit for the association’s participation, you may need to address the issue on a “neighbor-to-neighbor” basis. If speaking with your neighbor does not resolve the issue, you do have the ability to file a civil action against your neighbor. Use of legal counsel for determining the claims involved and your ability to prove the legal elements of those claims is encouraged.

“Looking beyond the condominium documents, many cities and towns have ordinances regarding noise. The “quiet hours” and/or maximum decibel levels of a municipal ordinance may be enforced by the local municipality, including the police. Often, arrival of the police results in temporary ceasing of the noise. In such instances, the authorities may lack the information necessary to make a determination. There exist hand-held electronic devices known as “decibel meters” that can measure sound levels. This would provide an objective determination as to whether the noise is exceeding the limit of any applicable rule. While there are legal issues associated with recording the actual noise, a decibel meter would measure only the level of noise. If your association is unwilling to address the issue, you may be able to obtain some assistance by involving the municipality.

“Based on the facts provided, much of the noise originates with children in the unit. This fact requires that caution be exercised in addressing the problem. An overly aggressive approach in these circumstances could lead to a legal claim against you (or your association) for discrimination against families with children. It is best to focus on the objective data involved (e.g. the noise, type of noise, level of noise) and not to reference the family members and, in particular, the children as such.”