Does a condo seller have an obligation to inform a buyer about a noisy neighbor?
Los Angeles Times
Donie Vanitzian
22 April 2017
Question:
We purchased a condominium in a small complex and in a great location
for an incredibly low price because the previous owners had to move
suddenly. Shortly after we moved in we started hearing strange
outbursts of swearing and barking-like sounds coming from another unit
close by.
This continued intermittently day and night for weeks. Not certain what
to do, we attended the annual association meeting to share and discuss
the issue with the board. To our astonishment, there was a gentleman
who repeatedly swore loudly and even spit during the meeting. He made
the same barking-like sounds we heard for weeks.
Although he was extremely disruptive, no one showed concern, they just
ignored him. We learned the man has Tourette’s syndrome, a neurological
disorder that causes involuntary movements and outbursts. We are very
sympathetic to his condition, but it is causing us grief and sleepless
nights.
Apparently other owners have complained but the board says there is
nothing they can do because he has a disability. We now know why our
unit was substantially underpriced and why our building has such a high
turnover. Other owners are planning to move as well—they tell us they
can’t take it anymore.
Can we sue the seller for failing to disclose this? Can we sue the
board for not doing something about this problem? How do we resolve
something like this without looking heartless?
Answer:
Your situation is a reminder that purchasing a home is a large
investment and prior to making an offer much can be learned from
attending board meetings or walking the grounds and talking to the
residents.
But given your sleepless nights and the fact that other owners have
already complained to the board, disclosure of the neighbor’s condition
should have been made by the sellers well prior to escrow.
In addition to specific information that a seller is required to
disclose to a potential buyer, there is a general requirement to
disclose any “material facts” related to the sale. The history of
complaints definitely appears to be “material” to this sale.
Review your escrow documents and look for all disclosures the seller
made. If your property is worth less than you expected as a result of
the seller’s failure to disclose this information, or you are unable to
fully enjoy your property because of this problem, then you may have
recourse against your seller.
It is unlikely you could take legal action against your homeowners
association as it was not a party to your purchase contract and had no
duty to disclose any such information.
But a lawsuit is not the answer to every problem. Litigation often
breeds more problems than it solves and should be avoided whenever
possible.
Also, do not expect your homeowners association to intervene given that
Tourette’s syndrome has been recognized by Justice Department as a
disability covered by the Americans with Disabilities Act.
If your neighbor can demonstrate that his disability substantially
limits one or more of his life activities, then he will be statutorily
entitled to reasonable accommodations and cannot be discriminated
against without severe penalties.
Such a finding means the board should exercise its discretion and
refuse to enforce any noise restrictions or generally accepted meeting
etiquette. If you plan to stay in your unit, you must find some way to
learn to live with your neighbor’s condition.
You and other affected owners may want to consider paying for
reinforced windows or other sound-dampening measures in his or your own
units. If that is not viable, consider relocating or making an offer to
buy out your neighbor — both options may be cheaper than risking a
costly, often protracted lawsuit with no guarantee of success.
Don’t forget, though, that your disabled neighbor has as much right to
enjoy his home and association common facilities as all other owners.
Zachary Levine, a partner at Wolk
& Levine, a business and intellectual property law firm, co-wrote
this column. Vanitzian is an arbitrator and mediator.
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