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Thread: Need legal advice RE: Noisy Neighbor Threats

  1. #1
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    Default Need legal advice RE: Noisy Neighbor Threats

    Warning long read; skip to end for TL;DR

    So as some of you have read on here I have a noisy neighbor, after contacting the condo board that I live in they said that all they can do is send letters and fine them for disruption, other than that to get results we will need to call police non-emergency, and so it begins

    Last week we called the police non-emergency (NE) as he was doing base testers for a good part of an hour, the noise was so loud it was shaking the exterior of the building across from us, as well the neighbor on the opposite side of us could hear it. About 15 minutes after placing the call the noise stopped, I called the NE back and cancelled the call. Friday night last week, noise continued into the AM, we couldn't sleep so the wife asked me to call NE again, about 20 minutes after the noise stopped, called NE back and cancelled the call.

    Queue Saturday night, noise continued, it actually woke me up this time, called NE and they responded quite quickly and the noise stopped, I called NE back and they said that an officer had been on premises and that's probably why the noise stopped.

    All this week the noise has been fairly quite, there would be some times when the noise would spike but it would quickly subside and wasn't too bothersome...

    Note: Called Non-Emergency was the only option provided by the Condo board as either the letters were not working or they weren't even sending them

    Yesterday I took the day off, I was working in my driveway changing from winter to all season tires on my car, the neighbor came home, introduced himself and apologized for the noise, said he wasn't used to living in a townhouse, then he asked me if I called the Police on Saturday, not knowing him or how the situation would play out I said no. He gave me his business card and said it has his cell on it and if the noise gets too much to just text him and he'll turn it down. Finally he stated that he didn't want to make enemies which I completely agreed to, I went on my way and him on his.

    Now for today, I was cleaning out my garage, taking garbage to the bins and he was out talking to our other neighbor. he obviously had been drinking as you could smell it quite strongly. The truth came out that I was the one who called the Police and then it was night and day, he started threatening me that if I ever called the police again he would 'Punch my Face in', I asked him WTF then he said it again and this time said he would 'Kick my Head in'. I left, went back to my own garage but he followed me and kept with the threats and would not leave. My wife was home and came to see what the commotion was about and he ended up throwing racial slurs and verbally abusing her, she had enough and called the Police (911 this time)

    Police came and basically said because he is this drunk he doesn't know what he is saying and that because he was in his garage when they came they can't do anything despite the fact he came into our garage to threaten me and my wife.

    After the Police came I contacted the condo board yet again, and again was told nothing they can do as it is now a Police matter. The police officers said the condo board has the power to evict him if they want, Police officer also said that they have seen him and dealt with him before at his previous residence.

    TL;DR; Called police non emergency because condo board not doing anything about noise complaints, neighbor takes offence and threatens to verbally assault me if they are called again. Condo board says nothing they can do, Police said this is up to the condo board to fix


    Now do I go about getting a retraining order? I can't move as we own and I don't have a down payment for another house

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    You need to film this or have someone else film it while it's going on.

    I expect he'll be tampering with your stuff now too so I'd go for a webcam pointed over your driveway, etc.

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    I'm planning on getting a camera, we bolstered some of our home security now

    a different neighbor was there when all of this unfolded but I don't know what he told the police and if he's on our side or the problem neighbor
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    Weird. I live in a condo condo, not a townhouse. There have been owners who threw wild parties, threw smokes off the balconies etc. They have always been kicked out (not sure honestly of the procedure but complaints were made to the board and all were gone within 6 months)

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    What happened to showing up at people's door with a baseball bat?

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    The condo board can technically get him evicted. However I believe it is a time consuming and costly procedure which involves going to court. What the condo board should be doing if the provisions of your bylaws allow for it, is escalating fines. Ex. first offense $100, second offense $250, third offense $500 etc. And if he doesn't pay the fines, they can put a caveat on his property title, which will cost him more money and hassle.

    As for the police, absolutely keep calling them every time you have a noise problem or any type of threats. Even if they don't do anything at least it will likely create some documentation for later if needed.

    Are you the only one of your neighbors that is complaining about this guy or have others had problems with him as well?
    Last edited by Mixalot27; 05-16-2014 at 09:41 PM.

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    unfortunately the subwoofer is on our common wall and impacts us more than the neighbor on the other side of him, as well they are rarely home so they don't hear it, the neighbor on the opposite side of me has heard his bass through our walls

    the bigger concern is I leave before he does in the morning and get home after him which leaves my wife and daughter alone when he is around
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    Originally posted by adam c
    unfortunately the subwoofer is on our common wall and impacts us more than the neighbor on the other side of him, as well they are rarely home so they don't hear it, the neighbor on the opposite side of me has heard his bass through our walls

    the bigger concern is I leave before he does in the morning and get home after him which leaves my wife and daughter alone when he is around
    You figure he was genuine in his apologies when he was sober? I don't at all mean to downplay your concern of course but he did seem reasonable when he was sober? Has it happened since?

    If you feel concerns for your family than don't ignore them but I really doubt someone would harm another over a subwoofer.

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    Call me, and together we'll pay them a visit.

    I had a similar situation with my neighbours. Police came, condo board calls/letters/etc.

    Funny enough, my 7' tall buddy and I sat the neighbour down and explained how, while I am trying to be as amicable as possible, I am at my wits end and will escalate as far as it needs to go.

    And no, I'm not talking violence. Sometimes a real personal talking to is what someone needs to realize you aren't fucking around.

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    Originally posted by frizzlefry


    If you feel concerns for your family than don't ignore them but I really doubt someone would harm another over a subwoofer.
    Some people (especially when drunk) are looking for a fight and will use any excuse to get into one. I think it's called "small dick syndrome".

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    Have you tried searching the guy's name and the info on his business card? Is he employed in a reputable type of business? Has he lived at the location for a long time? Longer than you? Is he the owner or a renter?
    Last edited by Mixalot27; 05-16-2014 at 10:08 PM.

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    Originally posted by frizzlefry


    You figure he was genuine in his apologies when he was sober? I don't at all mean to downplay your concern of course but he did seem reasonable when he was sober? Has it happened since?

    If you feel concerns for your family than don't ignore them but I really doubt someone would harm another over a subwoofer.
    He seemed reasonable when he was sober but the conversation was short lived, this isn't because of the subwoofer it's because I called the police on him and they showed up at his door on a Saturday night when his GF was over


    Originally posted by A790
    Call me, and together we'll pay them a visit.

    I had a similar situation with my neighbours. Police came, condo board calls/letters/etc.

    Funny enough, my 7' tall buddy and I sat the neighbour down and explained how, while I am trying to be as amicable as possible, I am at my wits end and will escalate as far as it needs to go.

    And no, I'm not talking violence. Sometimes a real personal talking to is what someone needs to realize you aren't fucking around.

    This all started because I called the police on him, I don't think sitting down and trying to talk normal to him is going to do much, even the police said that they have dealt with him and he has an alcohol problem

    I forgot to mention, he said today that the first day I approached him to turn down his music that he wanted to bash my face in

    Originally posted by Tik-Tok


    Some people (especially when drunk) are looking for a fight and will use any excuse to get into one. I think it's called "small dick syndrome".
    I find a lot of truth comes out when people are drunk as well, so these threats seem definitely credible


    Originally posted by Mixalot27
    Have you tried searching the guy's name and the info on his business card? Is he employed in a reputable type of business? Has he lived at the location for a long time? Longer than you?
    I have all his info that I need from his business card, his work history as well as his current position and company of employement
    Last edited by adam c; 05-16-2014 at 10:14 PM.

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    I have all his info that I need from his business card, his work history as well as his current position and company of employement [/B]
    What I was asking is if you have searched his name and info to see if you can find past arrests, history of violence, how long he can maintain a job or residence, etc. Even facebook, twitter, linkedin, can tell you a lot about a person. Might help you to determine if he a credible threat or concern. Or more likely if he is just some self involved, alcoholic douchebag who is mainly just a harm to himself and an annoyance to others.
    Last edited by Mixalot27; 05-16-2014 at 10:27 PM.

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    I assume you have the contact info of the cop you talked to? Go to his Sergeant and ask if he is also under the impression that uttering threats is a condo board matter. If he doesn't help, hit up the next guy on the food chain.

    Don't see how being drunk or on his property makes any difference. By that reasoning I could sit in my garage and tell my neighbor I'm going to kill him, tell him exactly how and get off scott free.
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    Originally posted by Mixalot27


    What I was asking is if you have searched his name and info to see if he you can find past arrests, history of violence, how long he can maintain a job or residence, etc. Even facebook, twitter, linkedin, can tell you a lot about a person. Might help you to determine if he a credible threat or concern. Or more likely if he is just some self involved, alcoholic douchebag who is mainly just a harm to himself and an annoyance to others.
    I can find him on Linkedin that's how I can see his work history, I can pull up info on Facebook, I don't have twitter or even care... as for arrest history I'm not sure how to pull that up, his name doesn't resolve anything

    Originally posted by FraserB
    I assume you have the contact info of the cop yo talked to? Go to his Sergeant and ask if he is also under the impression that uttering threats is a condo board matter. If he doesn't help, hit up the next guy on the food chain.

    Don't see how being drunk or on his property makes any difference. By that reasoning I could sit in my garage and tell my neighbor I'm going to kill him, tell him exactly how and get off scott free.
    No unfortunately at the time I didn't think to get it

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    Did you actually say that he owned the place, or he's renting? Every condo board I've been on had escalating fines for breaking the condo bylaws. Either way, it would hit someone's pocketbook and would eventually make a difference.

    ..though perhaps his attitude will escalate - which you should record on a cell phone if it does and continue to call the cops.

    Moving is not an option. But Cam's option is. I'm perfectly convinced together you guys can talk reasonably to him. And if it gets out of control, I imagine you'll be ok.

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    Originally posted by adam c

    This all started because I called the police on him, I don't think sitting down and trying to talk normal to him is going to do much, even the police said that they have dealt with him and he has an alcohol problem
    I don't think you understand how sit downs work... Esp ones mentioned with 7' men. It's step one, and often the only step needed... But it can get fun if step 2 is needed.

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    Originally posted by Supa Dexta
    I don't think you understand how sit downs work... Esp ones mentioned with 7' men. It's step one, and often the only step needed... But it can get fun if step 2 is needed.
    And then it could escalate with the neighbour wanting another sit down with even bigger guys - there's always bigger and tougher looking guys.

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    Originally posted by speedog

    And then it could escalate with the neighbour wanting another sit down with even bigger guys - there's always bigger and tougher looking guys.
    This, like I said I'm not always home when my wife and daughter are and they can't exactly defend themselves if he decided to bring his guys for a 'sit down'

    I guess basically what I opened this thread for is things like a restraining order and how that would work with a neighbour so close, or what other methods can be used to make sure he stays the fuck away from me and my family, he's already made it clear he has no problem with physical violence. As well since my condo board doesn't seem to give a fuck what my other option there is, do I keep going up the ladder at the management company or do I have no recourse?
    Last edited by adam c; 05-17-2014 at 08:25 AM.

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    Originally posted by Thomas Gabriel
    What happened to showing up at people's door with a baseball bat?
    hahaha my exact first thought too...

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