Q: I live on the first floor of a condominium building. Recently, the board replaced the door at the lobby entrance. This created a big noise when someone came in and out when they surprised my neighbor and me. The installer has tried multiple fixes but says the door is suitable for commercial buildings. What if I can’t adjust or replace the door? The front door was almost silent. – Shawn
A: While dealing with excessive noise from newly installed lobby doors in a condo can be frustrating, there are practical steps you can take to address the issue.
If a condo board replaces common elements such as lobby doors, the changes should not negatively affect the quality of life of residents. The board appears to be trying to address this issue and should continue to work with them. It is very easy to get rid of your frustration about the lack of progress in those trying to help.
If you are unable to replace the lobby doors due to revised building codes, you may need to address the issue by soundproofing or replacing the unit doors.
Check the condominium management documentation to determine whether admission doors are considered part of the unit or a limited common element. If it is part of your unit, you are responsible for the work. If it is a limited and general element, the board may share responsibility for maintenance or replacement, especially as noise arises from the lobby, a common area.
Even if it turns out to be your responsibility under the documents, make sure the board covers or contributes to the cost of soundproofing the door.
There are legal precedents that support the position that noise creates nuisances that cause you to deal with it, but if your community can’t step up and help, you should weigh the costs of litigation, along with the inherent risks and discomfort, against the costs of soundproofing your own door.
Gary M. Singer is a Florida lawyer and is accredited the board as a real estate law expert by the Florida Bar. He practices real estate, business litigation and contract law from his office at sunrise. He is the chairman of the Broward County Bar Association’s Real Estate Division and co-hosts the weekly radio show Legal News and Reviews. He frequently consults with a variety of businesses across the country about common real estate issues and trends in Florida. Submit your questions online at sunsentinel.com/askpro or follow us at x @garysingerlaw.
