Homeowners and condo associations have specific bylaws for noise regulation, aligning with local ordinances, offering protection and remedies for residents.
October 27, 2023
Many of you may wonder what a homeowner’s or condominium association can do to help me get a neighbor to quiet down. Many homeowners and condominium associations are bound by the bylaws written by the association regarding how much enforcement is allowed or required from a homeowner's association or condominium association.
These bylaws are a unique set of rules specifically designed to help manage and run that respective drafting association. The bylaws must not violate the local ordinances. However, they may provide additional protection and remedies for homeowners within the association.
Downers Grove has a much more complex noise regulation. The Noise Regulation states in part as follows:
(a) No person shall make, cause to be made, or permit to be made any unreasonable noise or sound which disturbs the peace.
(b) No person shall keep within the Village any dog or other animal which makes any unreasonable barking, howling, or other noises which disturbs the peace.
(c) No person shall operate, permit to be operated, or cause to be operated, on the exterior of any premises any power tools, such as but not limited to gas or electric powered lawnmowers, chain saws, power saws, sweepers, or yard equipment other than between the hours of 7:00 am and 9:00 pm; except that on Sundays such operation is prohibited prior to 8:00 am and after 9:00 pm.
(d) No person shall operate, permit to be operated or cause to be operated, on the exterior of any premises, any heavy construction equipment such as but not limited to tractors, augurs, backhoes, cement mixers or construction vehicles other than between the hours of 7:00 am and 7:00 pm, Monday through Saturday. No such equipment shall be operated at any time on Sundays.
(e) No person shall operate, permit to be operated, or cause to be operated, any radio, stereo or sound amplification device in a manner which causes unreasonable noise or vibration and is detectable without the aid of any device or instrument at or beyond the lot line of the lot where such activity takes place.
(f) No person shall operate or permit the operation of any sound amplification system in or on any motor vehicle which can be heard outside the vehicle from seventy-five (75) feet or more….”
Therefore, no association in Downers Grove may shorten the quiet hour to use power tools to anything starting later than 9:00 pm or ending earlier than 7:00 am, except on Sundays, which is 8:00 am.
Additionally, no association in Downers Grove may shorten the quiet hour to use heavy construction equipment to anything starting later than 7:00 pm or ending earlier than 7:00 am, except on Sundays, which is entirely prohibited.
Also, because all associations create their bylaws for residential zones, they must not exceed permissible decibels allowed by the Downers Grove noise ordinance.
Often, associations need more enforcement abilities when addressing noise complaints.
If you have a noise complaint against your neighbor, you may have a nuisance remedy available. Contact us to learn more by scheduling a consultation with one of our local Naperville O’Flaherty Law attorneys.
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