Miami Beach, FL asked in Real Estate Law and Civil Litigation for Florida

Q: I'm a condo owner and I live below a neighbor who has an old and noisy balcony door

I'm a condo owner and I live below a neighbor who has an old and extremely noisy sliding balcony door which she opens every morning at around 7 am at least 10 times within a few minutes, God knows why, and as a result I wake up every time and cant sleep anymore even with earplugs on and feel terrible during the day. It's been going on for about a three years every 6 months because the other six months she lives somewhere else and I've spoken with the owner about the issue many times and the owner lives there herself but they haven't done anything to the door and she even refuses to open the door slowly. Is there a legal way to do anything about it?

1 Lawyer Answer

A: It depends on whose responsibility the door is. It may not even be the unit owner's property, but rather a limited common element. Consider approaching the condo board about the matter, or reviewing the declaration to determine if the balcony door is the association's responsibility. If it is, you might be able to get it addressed through the HOA rather than the unit owner. If the door is the unit owner's responsibility, there may be other rules or regulations of the condo that require quiet hours, or other rules that would prohibit someone from intentionally failing to maintain a loud door. Good luck!

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