[ad_1]
Q: We live in a suburban town in Essex County, NJ. When we bought our unit two years ago, there were tennis courts behind our deck. problems. But now the two fields close to us have been turned into pickleball fields, with the noise of the balls and the players making a lot of noise, it has affected our life. Games start at 7:30am on some days. We can’t use our deck, and our bedroom faces the field, so we can’t sleep with the windows open. The overhead lights are on until 8:30 pm, shining on the back of our house. We have asked the landlord’s association to move the court away and raise the voice, but we have been ignored. What action can we take?
A: Pickleball, the increasingly inescapable sport of paddles and balls that create a unique sound, has caused controversy among players. bypass the borders of the court in the country. In public areas, local governments are asked to intervene when disputes arise over when and where the game should be played, and for what purpose. the type of housing that should be built for people near noisy sports.
Your situation is different. Your home owner’s association board has a duty to protect the health and welfare of all unit owners. They can’t ignore your concerns, says Anne P. Ward, an attorney who practices in New Jersey and handles settlement and merger cases at Ehrlich, Petriello, Gudin, Plaza & Reed.
Check the governing documents for your association, which govern the use of the facility. The Board of Directors must follow proper procedures in approving new projects. Depending on the type of change, it may require a committee vote, or a majority vote of all owners. In many cases, these communities prohibit nuisances, such as noise from activities that interfere with people’s comfort.
Before getting into a long and expensive legal battle, try to settle it amicably. Your messages may not be reaching the board the way they should. “Call the lawyer of the association and hope it can be resolved internally,” said Ms. Ward.
You can hire an attorney to make the call, or do it yourself. Tell the association’s attorney that the parking lot and the noise are affecting your life.
If that doesn’t work, you can file a complaint to seek another court to resolve the dispute. New Jersey laws governing condominiums required that the organizations legislate a procedure for such judgments and make it available to the owners of the group. And if that doesn’t work, you can file a lawsuit.
But first, try to tell the board new paddle silence the sound of the balls, and ask that these things be ordered in your village. The new paddles have been approved by USA Pickleball, the governing body for pickleball, said Bob Unetich, a noise expert.
For weekly email updates on real estate news, sign up here.