Q I live in a three-floor, four-room,30-unit condo, mostly 50-plus, with the only family with children (ages two and three) living on the third floor above me. For the past year there has been an excessive amount of constant running; playing on tile floors with outside-type toys; screaming and crying from 7 a.m.until 8 p.m.; and playing in the bathroom. The sound from jumping off the sofa and onto the floor has become almost unbearable.In addition, the mother has very little control over the children and prefers to keep them in the house rather than taking them outdoors.

I approached the husband one night when the noise had gotten unbearable and he didn't realize that it was that bad. He apologized and said he would see that it didn't happen again. But the bottom line is that I complained to the property management company (as well as other owners) about the noise from the family, all to no avail. The parents were sent a letter asking them to control their children. The noise stopped for three days but has since started up again. They were notified again by property management but ignored the warning.

So my question is what is the next step to enforce these owners to follow the "noise" rules?

Can an attorney help me? I am at my wits end.

—Distressed in New Jersey

A “Noise complaints are very common in community associations,” says attorney Jennifer Loheac, an associate in the Real Estate Department and a member of the Community Associations Practice Group at Iselin-based Greenbaum Rowe Smith & Davis, LLP. “The problems are often attributed to thin walls or unpadded flooring in the upper units. Sometimes the issue involves disrespectful neighbors as well as overly sensitive neighbors.

“The issue is more complicated than meets the eye because communities are limited in how they can enforce ‘noise.’ For example, if the complaint from the first floor unit resident is that the upper unit resident stomps, takes late-night baths or is moving chairs in the kitchen, these things are virtually unenforceable beyond a call or letter advising to "please consider being quieter in the evening." Running a washing machine, vacuuming, laughing, crying, caring for children are also other lifestyle matters that are frequently hard to silence. Where a homeowner, however, is continually blasting a stereo into the late hours of the evening, hammering or drilling or entertaining five friends loudly every night after 11pm, these are somewhat easier to address because these activities may, indeed, rise to the level of a nuisance.

“Clearly, addressing the matter of noise must be done on a case-by-case basis. The reason the source of the noise matters is because we are continually trying to balance a homeowner's right to privacy and to fully enjoy the use of his or her home with that of respecting neighbors' expectation of peaceable living as well. The line is not a simple one in a community scheme.

“So, what can be done? If the source of the noise is obviously a nuisance ( such as loud partying into the evening, blaring radios) that persists daily, weekly or monthly, then a homeowner's best course is to contact the police just as he or she would do in a private residential setting.

“If the source of the disturbance is as described in your question, a family with children, the first step is to check the governing documents for restrictions on use and or noise that may already exist. Sometimes a Declaration will include within the restrictions certain language that establishes "quiet hours" in the evening. Other communities include in the Declaration or Master Deed a requirement that 80 percent of the flooring on second or third floor units be carpeted except for the bathroom and kitchen in order to reduce the noise. In an attempt to alleviate the prevalent noise complaints we receive from clients, we have begun to incorporate amendments in our documents that actually include detailed specifications for the floor covering.

“If, however, the governing documents are silent as to quiet hours or floor covering, the board is advised to adopt a resolution that prohibit excessive noise after a certain hour in the evening until morning. Again, the rule should not be intrusive or go so far as to dictate to people how they should live within the Unit. I do not encourage dictating to people when they may run bathtub water, use a treadmill or even enjoy the bed (and, yes, I have heard it all). Floor coverage, however, is not simply mandated by resolution. Why? Because requiring quiet hours does not run afoul of reasonable expectations in the same way that mandating "carpeting" does. The homeowner may have purchased the unit originally because of the attractive tiling or thereafter installed at personal expense hardwood or tile flooring for the unit. For an association to later impose floor covering, this should be done through an amendment process and not merely by rule. Any letter management sends to homeowners to address noise should cite the specific association rule being violated.

“If, even after management has sent letters, the tension between homeowners still persists as you are describing, then the affected homeowner may request alternative dispute resolution ("ADR") from the Association. Associations are obligated at law to provide some form of alternative dispute resolution for housing related disputes. Depending on the association's particular policies, both homeowners will usually participate in a form of mediation, arbitration or hearing towards reaching a compromise. Sometimes the matter may even be handled by the municipality's own ADR program. In my experience, the success of ADR for noise greatly depends on the willingness of both homeowners to be flexible. For example, I've seen parties mutually resolve that the upstairs unit will agree to add a couple of rugs or stoppers under chairs to curb the noise and the complaining unit owner agrees to pay for it.

“Finally, the author asks whether she should contact an attorney. Again, unless the source of the noise is of such a nature to clearly constitute a nuisance (as defined by law) and the association has continually refused to address the complaint, a personal lawyer will not be much help with the matter. Your best course is to seek ADR in hopes that the matter can be resolved at the association level, amicably between all involved.”