• Senior harassment

My neighbors have been harassing me for years. They slam drawers, doors at all times of the day. Their children scream and yell along with their mother yelling at them. Our CC&Rs say no business aloud and that if they have a childcare business they have to follow our rules which they said they would follow but. Only lasts a week or two. The HOA has had numerous meeting with them about noise and they said they would obey our CC&Rs but think they can do what they want. I’m 68 a veteran I can’t enjoy the peacefulness of my living room. Can you please help me. Thank you!
Asked 3 years ago in Constitutional Law

3 answers received in 2 hours.

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14 Answers

well, it seems that laws are being broken with impunity without any regard to the people living around them. a written complaint must be given to the local area/municipality. a police complaint must also be lodged for unruly behavior.

Rahul Mishra
Advocate, Lucknow
14107 Answers
65 Consultations

1. It's nothing but mental harassment.

2. You are at liberty to live peacefully in your home.

3.  If the association can't stop this mental harassment caused to you, lodge a Police complaint against the perpetrators in the jurisdictional Police Station, to resolve this issue in your favour.

Shashidhar S. Sastry
Advocate, Bangalore
5425 Answers
330 Consultations


Everybody part of HOA is subject to the rules in the Declaration of Covenants, Conditions, and Restrictions.

 

Any business affecting enjoyment of property can not be allowed. 

 

If someone violate the CC&Rs, the penalties which might include:

  • Fines
  • Suspension of privileges to use the facilities
  • Forced compliance
  • HOA might even file a lawsuit.

 

Its better if you talk in HOA and pass resolution for action.

Ankur Goel
Advocate, Bangalore
454 Answers

You can sound proof windows and rooms in your flat 

 

it would reduce noise by 90 per cent at least 

 

you can also file police complaint against your neighbours 

 

enclose copy of correspondence with society wherein you have complained and secretary has warned them 

Ajay Sethi
Advocate, Mumbai
97230 Answers
7851 Consultations

1. If they yell and scream in the four walls of their own house they cannot be stopped from doing so.

2. The maximum you may do is file a police complaint against them and let the executive magistrate pass an injunction order against them.

Ashish Davessar
Advocate, Jaipur
30780 Answers
973 Consultations

You can take up the matter with HOA. Police do not take such complaints seriously. You solution lies with HOA.

Ravi Shinde
Advocate, Hyderabad
4267 Answers
42 Consultations

1. Lodge a police complaint alleging that they are disturbing your peace continuously which is causing deterioration of your health.

 

2.Police will act as per law.

Krishna Kishore Ganguly
Advocate, Kolkata
27487 Answers
726 Consultations

If you have spoken to your neighbour about the same and the noise continues to bother you and if you see no visible change in their behaviour, you must try to notify the management committee of the HOA.

If the noise doesn’t stop, go to the Police Station of appropriate jurisdiction and lodge an FIR asap.

Section 268 of the Code states that a person will be guilty of public nuisance if he has caused annoyance to the public (in this case, people who dwell in the area). It is no defence that the injury was caused to obtain any advantage.

For example, it is not an excuse if your neighbour is paid to teach children how to play the drums if it disturbs you.

Further, if there is noise after 10 p.m, you may contact the local police and they will give your neighbour a warning.[3] If this does not work you may file a case under Section 290 of the IPC and they will have to pay a fine of Rs. 200.

 

T Kalaiselvan
Advocate, Vellore
87429 Answers
2348 Consultations

Well, I regret there is no mechanism to stop these activities even it borders on the nuisance.

Creating noise is synonymous with the children and it is mostly enjoyed in all over the world.

Devajyoti Barman
Advocate, Kolkata
23277 Answers
516 Consultations

It is sad that you have been harassed for  years.  What all action have you taken so far. Please put all the documentation together and approach the police and your HOA so that they understand the gravity of the situation. You can take help of local media to highlight your issues or if there is a senior citizen forum. Finally it may be harsh to say , but look for an alternate place if your health and peace of mind is suffering for so many years as these people seem to be incorrigible.  

Megha Girish Wagh
Advocate, Pune
10 Answers

Dear Sir,

1) In such a situation you can take the matter up with the HOA and ask them to penalize the neighbors.

2) If no resolution by HOA is done you will have to file a police complaint against your neghbours.

Thank you

Anik Miu
Advocate, Bangalore
10285 Answers
121 Consultations

- As per law, an apartment association/society should follow that: 

1. Senior Citizen should remain integrated in society and participate actively in the formulation of policies which effect their wellbeing.

2. Senior Citizen should have access to health care to help them maintain the optimum level of physical, mental and emotional wellbeing.

3. Senior Citizen should be able to pursue opportunities for the full development of their potential and have access to educational, cultural, spiritual and recreational resources of society.

4. Senior Citizen should be able to live in dignity and security and should be free from exploitation and mental and physical abuse.

- If the association is not adopting these laws, then you should report the Secretary/registrar of the society.

- You should give a written complaint, if the apartments association/society is implementing unfriendly rules which are creating hardship to senior citizens. 

- You can also lodge your complaint with the police as well. 

Mohammed Shahzad
Advocate, Delhi
14641 Answers
224 Consultations

Where has this been happening, in India or United States of some other country?

Vibhanshu Srivastava
Advocate, Lucknow
9670 Answers
310 Consultations

Dear Querist

If you are residing in the USA, you may call 911 and take the help of the police.

if you are in India then you may file a civil suit for injunction against them before the Civil Court and claim restraining order along with compensation or Dial 100/112 as per your state.

 

Feel Free to Call

Nadeem Qureshi
Advocate, New Delhi
6319 Answers
302 Consultations

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