Clean & Quiet
Do your owners and residents have a challenge keeping things neat, fume-free, clean and quiet?
The internet is awash with questions about how to deal with hoarding, unsanitary conditions, smoking and nuisances. Your state statutes might offer little to no specific direction, but most multi-family common interest communities (typically condominiums and co-ops) include language in their declaration / CC&Rs related to cleanliness and quiet enjoyment. The location of that restrictive language in a dedicatory instrument is critical because it sets certain limits on the use of units which is otherwise not possible in a set of rules by itself.
The realities of enforcing actions related to the interior of a multi-family dwelling can be challenging to say the least, especially if the person(s) residing there are uninterested in allowing access. The International OCD Foundation has resources that can help. Some municipalities also offer situation-specific guidance for hoarding (see Mass.gov's Help for People who Hoard) and additional resources like Age Friendly Seattle that may be relevant.
Ongoing and/or recurring noise, vibration and odors are also a frequent source of angst in multi-family residential properties. Putting an end to the noise and odors can take a frustratingly long time (see specific procedures in our example Rules & Regulations). Enforcement authority generally centers on a nuisance provision in your governing documents. Smoking references here and here. Virginia condominium and HOA statutes specifically allow for a Board to establish rules related to smoking except to the extent provided by the declaration / CC&Rs.
There's a lot to learn about what's in your Declaration / CC&Rs and bylaws. Check out Ideas for your Declaration: Language to Live By.
Live in Ontario, Canada? The Condominium Authority Tribunal (CAT) has you covered.
Ontario Condominium Authority Tribunal (CAT) Helps Resolve Nuisance Concerns
Hard Surface Flooring
Multi-family properties are classified as Group-R. There are multiple acoustical terminologies and standards.
TERMINOLOGY
AIIC (Apparent Impact Insulation Class)
FIIC (Field Impact Insulation Class)
ISR (Impact Sound Rating)
STANDARDS
STC and IIC ratings from Table 10-3, Page 153 of HUD's 1967 research A Guide to Airborne, Impact, and Structure Borne Noise-control in Multifamily Dwellings (expand below).
HUD Grade I Luxury Standards are a common choice, but they might be difficult to meet in certain situations:
For larger spaces, we have found it is nearly impossible to meet the standard on the AIIC scale. This scale accurately measures smaller spaces, but in a unit having voluminous room, say 800+sqft, over another large room, it will nearly always fail. The ISR testing takes into account the large room below and specifically measures the impact of assumed foot traffic. Some acoustics testing firms recommend ISR as a preferred alternative for these larger spaces.
2010 ICC G2 Guideline for Acoustics
Field Sound Rating: Airborne Noise NNIC per ASTM E336 and Impact Noise NISR per ASTM E1007
>=52 for Acceptable / Grade B Performance
>=57 for Preferred / Grade A Performance
Vendor example: Noise Monitoring Services
2021 International Building Code (IBC) Section 1206 - Sound Transmission
Differences based on testing in accordance with ASTM E492 vs. NISR (Normalized Impact Sound Rating) using ASTM E1007
Table 10-3 from HUD's 1967 research A Guide to Airborne, Impact, and Structure Borne Noise-control in Multifamily Dwellings page 153.
Example Declaration / CC&R Language
Owner Responsibility — Each Unit Owner shall, at their sole expense, have the right and the duty to keep the interior of their Unit and its equipment, appliances, and appurtenances in good order, condition and repair and in a clean and sanitary condition, and shall do all redecorating, painting, and finishing which may at any time be necessary to maintain the good appearance and condition of their Unit.
Nuisances — No noxious or undesirable thing, nor noxious or undesirable use, shall be permitted or maintained in any Unit or in any other portion of the Property. No Person shall cause any unreasonably loud noise anywhere in the Property. If the Board of Directors determines that a thing or use is undesirable or noxious, or that a noise is unreasonably loud, that determination shall be conclusive.
Quiet Enjoyment — No Unit Owner, Residential User or Commercial User shall permit anything to be done or kept within any Unit or Common Element (including the Limited Common Elements) which will induce, breed or harbor infectious diseases, noxious insects or vermin and/or which may be or become an annoyance or nuisance and/or interfere with the quiet enjoyment of other residents. Examples include, but are not limited to the production of fumes, vapors and odors, ongoing noise, the introduction of recurring vibrations through Unit floors, walls, ceilings, and any actions or conditions that violate any applicable governmental mandate.
In recognition of the mixed-use nature of the Condominium, the foregoing restrictions shall not prohibit time-limited odors, sounds and vibration which may be generated during the course of alterations, required maintenance, repair and replacement activities, cooking odors, and similar unavoidable occurrences; however, all actions must be conducted to reasonably minimize impacts to other residents.
Offensive Activity — The Board ultimately determines whether an activity is offensive under the terms of the Governing Documents. In making such a determination, the Board must rely on objective information, and make adequate inquiry to establish if the activity is unreasonable or offensive to a reasonable person, given the circumstances involved, and in consideration that in the Condominium is a multi-family housing community.
Trade or Business Use of Residential Units — No Trade or Business of any kind may be conducted in or from any Residential Unit, except that an Owner or Occupant may conduct a Business activity within the Unit only if:
the existence or operation of the Business activity within the Unit is not apparent or detectable by sight, sound, or smell from the exterior of the Unit;
the Business activity conforms to all zoning and land-use requirements for the Property;
the Business activity does not involve persons who do not reside in the Condominium coming onto the Property, does not involve visits by nonresident employees, or regular visits by customers or clients;
the Business activity does not increase the liability or casualty insurance obligation or premium of the Association; and
in the sole discretion of the Board, the Business activity is consistent with the residential character of the Association and does not constitute a nuisance or hazardous or offensive use.
