We have been having problems with our upstairs neighbors. Right above us, they seem to be playing musical chairs all evening long. Needless to say, it’s totally nerve-wracking trying to sit and converse or watch TV. We have had words with them several times but they are set in their ways. The management company has been non-responsive and I am tired of climbing up and knocking on their door at all hours. I stood in the parking lot and tossed pebbles at their doors and windows. They opened the window, we had words but they carried on. An hour or so later the police came to our door. The noisemakers called the police on us saying we scared them by tossing pebbles at their window. We explained to the police, and of course, they can do nothing and said we must contact the management company. This we did, and when they called my 85-year-old father they basically told him to learn to live with it: there was nothing they could do. What are our options?

—On Edge in Clearwater

“The writer doesn't mention if he or she has involved the association with this issue and whether or not there are other neighbors that are similarly struggling with this noise issue,” says Donna DiMaggio Berger, an attorney and founding partner at the law firm of Katzman Garfinkel & Berger based in Margate.

“Every set of association governing documents I've seen contains a nuisance clause which prohibits owners from doing anything in their units which would unreasonably interfere with others' quiet enjoyment of their properties. Moreover, multifamily buildings typically contain clear requirements regarding types of soundproofing materials as well as locations where hard flooring can and cannot be installed.

“The writer should thoroughly review his or her governing documents or allow an attorney to do so to determine the scope of both the nuisance provisions as well as any soundproofing requirements. The writer should also determine if others in the community have been similarly impacted by the noisy neighbor and whether complaints have been made to the board. If it is determined that the noise has risen to the level of a general nuisance which is prohibited by the documents then the board has a duty to enforce the documents. It would also be advisable to determine if the noise is a violation of local city or county noise ordinances in which case the city or county may be asked to enforce its ordinance.

“Of course, there are times when an owner is particularly sensitive to noise while others in the community are not similarly impacted. If that is the case, the owner should investigate whether or not there is any soundproofing they can do inside their own unit to reduce the noise.

“Communication is always the first suggested course of action but since that has apparently failed, further pebble tossing would not be advisable.”