I have a problem, hope anyone can help (longish)

[MustangErin]

A little history:

Starting in January, yes january, I have been having problems with the asshat that lives above me. I live in an apartment building, 3 floors, wood construction, built in 1985. I own as does the asshat above me. I have complained about him to the Strata corp. in regards to his floors. They do not have the proper sound buffer so I have been able to hear his conversations and other things through my ceiling.

He has been told to fix the floors and now is being fined by the Strata every 7 days until he fixes them. The Strata has been helping in that department, but unfortunatly it is a long process. He is on his last notice and if he doesn'T fix them in the next month the Strata forcebly does it and bills him.

Well, pretty much ever since I complained he has been a jerk. He plays his music loud at all hours of the day and night. I have called the police 3 times about loud noise after 11pm. A lot of the times I go to a friends house to sleep on their couch. I am starting to feel very bad for imposing. The music is at a unreasonable level. He knows that his floors need fixing obviously so what I am sure that he is doing is playing the music loud and making noise to piss me off. I am phoning a lawyer on Monday to see if I can sue him or if something else can be done. It stresses me out because I can't enjoy my own home and relax. I know that other neighbors are getting fed up as well. (he is on the 2nd floor) Someone on his floor has also called the police on a couple of occasions.

Anyone have any experience with handing this situation. I could use any advice that you can give me. I can't afford to move and I know that a lawyer will cost me some money. But right now that seems the only option.

Thanks
Erin

[Kusanagi]

If there's any way that you can wait, then he'll get nailed soon enough and be billed for the work on the floor. If he STILL continues to be an asshat after that, then you would probably have no problem getting him evicted because he would be causing so much racket that he would not be able to provide any defense against a lawsuit. He would have to do it intentionally.

It sounds like the ball is already rolling, just not fast enough.

Barring that...you can brace your speakers to the ceiling and play the scene from Independance Day when the Empire State building explodes at full volume. :devil:

[thegiraffe]

I live in an apartment building in college, so I deal with *similar* issues. My advice: let the Strata corp. do its thing (though make sure they don't run you in circles, as I'm sure happens), and meanwhile...invest in some good earplugs. They have some good soft ones that mold to your ears - they use them in the military on the firing ranges. It will at least muffle the noise to an extent. As far as the music, you don't want to be a pain in the butt (nothing like a burning bag of dog poo on your doorstep), but make sure he realizes what an appropriate level of the music is. Can the Strata corp help there? Good luck!

EDIT: I LOVE Kusanagi's speaker/explosion suggestion. Even better: put the scene on repeat. If he whines and moans, just stand back and laugh. Watch the music drastically turn down....

[MustangErin]

Thanks. He knows that his music is too loud and that is why he plays it that way. What sucks is that he owns his place as well so getting him evicted is almost impossible. They would have to force him to move which I hope happens.

I am phoning that Strata again on Monday to get any information about the floor fixing.

[JustAGirl]

With the playing the Independence day clip, make sure you do it when you know he's JUST getting into a good sleep (if you know his routine that is)

[digilight]

First of all since you said that you both own I am assuming that this is either a Co-Op or has some type of Home Owners Association (HOA).

Not sure how this works in your part of Canada, but when I was on the board of directors for our condo association this would work.

A brief little tidbit. A HOA is a managing body that deals with running the association/complex/building/etc. As Such there are rules and regulations as well as bylaws, the Bylaws (in california at least) are a legal document that is registered with the state and the association is a legal entity (usually a Non Profit Corporation). In addition to the board of directors (BOD) there is a management company that handles the day to day operations and helps guide the board on legal decesions.

It is very important to document everything, the music, the times it happens, the frequency, everything. Everything he does this you must submit a WRITTEN COMPLAINT to the managing body of your building. We could not act on verbal complaints, we had to have written documentation. If the police are being called out that needs to be documented too. These would all be finable offenses in our association (and others under state law).

You need to meet with a representative from Strata Corp. and find out how this works for you. What you need to do for them to hit this fartknocker with the most penalties and fines they possibly can.