Question: Our condominium documents used to allow owners to put tile in their units. The documents were later amended, but those units with tile were “grandfathered.” The noise coming from the unit above is a serious problem for me. What can I do? S.C. (via e-mail)
Answer: If the tile is not a violation of the condominium documents, it seems clear that there is nothing that the association can do about the matter, nor would you have the right to insist on that.
Your sole remedy would appear to be an action directly against your neighbor for “nuisance.” Nuisance is generally defined in the law as the use of one’s property which annoys or disturbs another in their free use, possession, or enjoyment of their property. The use must render the ordinary use of the property uncomfortable and the harm must be substantial and continuous. Conduct that may cause inconvenience or mere annoyance to a neighbor is not considered a nuisance in the law.