May 31, 2009

HOA and CONDO Association Fines -How Many Hearings Are Required!

In case you missed it, there has been a discussion on the website of a colleague about what is required with regard to fine hearings. Question: is there a hearing required every time that a fine is being considered for a violation of the rules or other governing documents?

Some legal practitioners (firm of Adrian Adams, see www.Davis-Stirling.com) believe a hearing is required for each violation, except continuing violations for which a daily or weekly or other fines might be imposed. Some believe that more than one fine can be imposed - but there should be a limit, for example, one colleague, Rich Neuland, has expressed a "3 Strikes - Rule" philosophy, essentially suggesting that the purpose of fines is to deter bad conduct and "If three fines haven’t done the job, then fines are not going to work and the board must either stop wasting its time on enforcement attempts for this violation, or move on to injunctive relief. -Richard Neuland, Attorney at Law, Neuland, Nordberg, Andrews & Whitney LLP".

I have a different take on fining for repeat violations. I do agree that it is an important subject. I take a different approach because I believe that volunteer board members should not have to be parents, reminding their owners who are acting like irresponsible or spiteful "children" again and again and again that there are ramifications to bad behavior.

So, I thought I would write and give my take on fining for repeat or continuing violations ... without the need for multiple hearings.

My position is that it is appropriate for HOA and Condo Association Boards to impose multiple fines for bad behavior without having multiple hearings. I suggest specifically addressing the ramifications of reoccurring and/or continuing violations in multiple formats, and the more the better, ... at the least, (1) in the fine policy, (2) in the letter to the owner who is subject to disciplinary action, (3) in the hearing, and (4) in writing in the hearing decision letter to the owner. That provides 4 opportunities for an owner who is subject to the fines to understand that the conduct cannot continue without repercussions!

I recommend the following theme be included in all 4 venues: “Continuing and/or re-occurring fines may be imposed for continuing or re-occurring violations of the same or similar nature.” (Of course, the final hearing decision letter would say "A fine will be imposed each time the violation noted below is repeated [or each day that the violation continues, or for ongoing nuisances like loud music plus other loud disturbances - each time a loud disturbance from your unit occurs, among those noted below].

Does that satisfy any potential "due process" requirements (if in fact they exist - there is a whole other debate on how far "due process" invades HOAs and Condo Associations since they are not governmental agencies). I think "yes".

With 4 notices in the least (and 5 or more if explanatory warning letters are sent, which I believe are a very good idea, prior to the pre-hearing notice letter) that continuing or re-occurring violations will subject them to continuing or re-occurring fines, what excuse does the owner have for not correcting the conduct? As far as I am concerned, this way of dealing with the continuing and re-occurring bad conduct constitutes reasonable due process.

I mean, how many times should you have to take time out of your life and money out of the association coffers to "remind" someone ...

Not park resident vehicles in guest parking spaces
Not let your dog bark all day and night
Not let your guests create a disturbance at the pool such that others cannot enjoy it
Not disrupt an association meeting
Not let your children vandalize property or throw rocks and debris at passing cars
Not to leave the dog poop behind for others to step in

I could go on and on ... but 4 warnings should be due process enough for any continuing OR re-occurring similarly offensive behavior. And, yes, I know that fines are hard to collect; however, if a board wants to, at any time, it can go to small claims court to enforce the fines, and if it does not want to expend the time or money to do that, remember that if the fines letters are in the file, they and the total fines due can be presented with any escrow demand that might come through from sale or refinance of the property.

So - there are ways to make life a bit easier if you are a board member, and ways to engender more accountability if you are an owner who (or whose tenants) are habitual rules violators.

Just my "two cents worth" on the subject!

And for the other "98 cents" worth, visit the California Condo Guru where you will find free articles on enforcement, FYIs on fines, hearings, and adoption requirements for new rules and rule modifications, and best of all, incredibly useful (and affordable) Primers. Be sure to peruse the Publications and/or the Webstore to find the set of Enforcement Primers which were written to assist boards in formulating enforcement policies and practices that work. You will find a series of 5 Enforcement Primers that cover basic rule setting and enforcement, sample forms and letters, and for everyone who encounters problematic neighbors or violators, advanced Primers on Noise and Nuisance issues, Neighbor to Neighbor disputes, and Parking and Towing matters. It is my belief that success in enforcement comes through organized, professional and business-like handling of these matters, combined with good efforts to engender cooperation, communication, and peer pressure as part of the process of getting owners to conform voluntarily with the rules and regulations of the association. You will recognize that as a recurring theme throughout the tools I produce for the benefit of boards, owners, managers, association vendors and anyone who deals with home owner and condominium owner associations.

Posted by Beth Grimm at 6:44 PM

May 29, 2009

Does an HOA or Condo Owner Have To Pay Assessments Even If Their Home is Foreclosed?

I get this question at least two or three times a week.

Question: I'm not sure if I need an attorney. My condo was recently foreclosed. Now I have received a complaint from my HOA for dues that I did not pay before my condo was foreclosed. I thought they would take the money that I owed through the foreclosure, but I guess they never opted to get their money through the foreclosure proceedings. Now am I personally obligated to pay them?

Answer: I am going to assume this foreclosure was by the bank, and not the HOA. If the HOA foreclosed and went to sale, it would get a Trustees Deed to the property and that would settle the debt with the HOA.

An HOA or Condo Association can pursue a debt through foreclosure (so long as the documents allow it) or by personal judgment. When a lender forecloses, the association does not “opt” to get money or not. If there is leftover money from any sale of a home through a bank (or any other lienholder for that matter) foreclosure, those first in line (meaning their secured interest is first in priority) get paid first and the trustees have a list. If there is enough money to pay the existing lien, the association should receive it. If not, in these days of the recession economy, more and more HOAs and Condo Associations are going after the owners who defaulted to collect the association debt personnally, because there is no equity in many of the homes.

If you want to know all about HOA or Condo foreclosures, or all about HOA or Condo bankruptcies and what the effect is on HOAs and Condo Associations in California, visit the Californiacondoguru and go to the Webstore. There are several Primers there for you, 5 on assessments alone, including Foreclosures, Bankruptcies and Collections.

Posted by Beth Grimm at 1:13 PM

May 26, 2009

CONDO DIRECTOR ON THE CHAT LINE - DOES THAT MEAN TROUBLE??

Lots of people want to know whether owner "chat lines" are a good idea. They can be. It is nice to have a way that homeowners can communicate ideas, questions, etc. ... at least in theory.

The downside is that many people forego proper web or internet etiquite, forget their manners, whack off a message without thinking about it before hitting send, develop a contrary persona behind the shield of the computer, and/or fail to think before acting, and sometimes a chat line can become a really toxic, devisive thing for a homeowners association. And enforcing rules on posts can become a real nightmare. So think carefully before starting one. And, below is a thoughtful question from an owner who started a "google online group" for owners in the complex, and now is grappling with what parameters might be important if this owner gets on the board. Here are the comments and questions this person has already identified:

"I started a google group (email list) that homeowners can subscribe to so they can share concerns with other homeowners. Since I'll be joining the board of directors soon, I don't want to give up the ability to listen to and reply to homeowner concerns. Can I still participate in this email group in my capacity as a homeowner? Can I just preface comments with a disclaimer that I am speaking as an independent homeowner and my opinions do not represent the position of the board in any way? Is there any way I can maintain my participation in this group without violating my obligations as a board member?"

The person has answered their own question to some degree. Board members like owners can participate in the online chat group; however, there are many considerations. Attempting to speak "as a homeowner" rather than a "board member" is fine, again, in theory. But think about it - how do you illustrate which hat you are wearing? Perhaps use the tagline, "Joe Blow, speaking as a homeowner and not a board member"?

That is sure to confuse the participants. They may be asking: "Why the byline - is the person at odds with the board? Is there something wrong?"

And think about it - if a director is in the minority of like thinkers on the board and does not agree with decisions being made by the board, and publishes their views "as a homeowner and not a board member", it can undermine the board's ability to gain community consensus on important decisions. A board member certainly has a right to disagree with and debate proposed actions of the Board and vote against them. But a "debate" among board members at a board meeting is different than a one-sided "debate" in a chat room. Not everyone who counts is there to balance the tables and keep matters under control.

In my experience (of course I usually get the call when a chat line is out of control), the most vocal participants usually are people who really want to cause trouble or specifically want to undermine the Board decisions. And they are not rational or "nice" about it. And once the majority of the board has approved an action, anything a minority or dissident board member does or says on the chat line to undermine that action is - arguably - contrary to the best interests of the group as a whole. This is not a problem for an owner in terms of fiduciary duty (although it may raise other issues such as defamation or misrepresentation of information), but it is a big problem for a board member - because a board member has a fiduciary duty which means a duty to put the interests of the group ahead of his or her own interests or those of any individual owner.

One way a board can help if the HOA or Condo Association has a chat line is to adopt a policy regarding its use. If an owner starts it, however, regulating it becomes more difficult. If a chat line gets out of hand, there are measures a board could take to exercise "damage control."

However, I won't go into those unless you want to seek a paid consultation because I would want more information on any particular situation before proposing a remedy or "damage control" advice.

As to the question at hand, if board members are going to participate in HOA or Condo chat lines, I believe a proper and legal adoption of a policy of conduct would at least be advisable, one that allows board members to participate in a chat line so long as they do not take action or make comments about matters discussed in executive session or that are otherwise confidential, and that they exercise discretion and avoid breaching their fiduciary duty by making comments that would be devisive or that would undermine any actions approved by the Board.

Yes, I know you are going to say it - that is broad, and open to interpretation. Yes it is. And someone will write to me and say: "You can't control free speech rights!"

For more on refining the points to avoid varying interpretations, and to deal with any potential issues of suppression of free speech while at the same time enveloping a plan to deal with inappropriate conduct on the chat line, you would need legal advice because there are several considerations and potential legal issues involved in board members speaking publicly (which would encompass a chat line) including, but not limited to: possible issues arising because of breach of fiduciary duty, defamation, discrimination, violation of free speech rights, breach of privacy, etc.

You can learn alot about board duties including fiduciary duty requirements in the two Board Basic Primers (I and II) available through the Condoguru webstore at the California Condo Guru Website.

Posted by Beth Grimm at 8:59 AM

May 18, 2009

Earthquake Retrofit Information - A Great Resource

Many associations and owners read the articles on my website that relate to earthquake insurance and can see that I believe the insurance is very important and that if a board is considering dropping it, doing due diligence with regard to all options and presenting owners with proper information is really critical. Because of the writings, I often receive information from persons that are familiar with various aspects of the subject matter. In this blog, I want to introduce you to one of the resources that has come across my desk. Below is an article written by a person who has considerable knowledge, and information available on his website, related to retrofitting buildings for earthquake protection.

Read the article if you are interested and you will see his website noted at the end.

"Earthquake Retrofits: Solutions for Low-Rise, Wood-Framed Condominiums

The floor layouts that make many condominiums and townhouses economical to build and maintain also make them vulnerable to earthquake damage. A typical condo unit has many openings in the front and rear walls: either garage doors, entries, windows, or sliding patio doors. Since there is another unit next door, the side walls cannot have any openings. Large openings (or several smaller openings) in walls reduce the ability of the wall to resist earthquakes forces.

Retrofitting an individual unit with extensive openings in the front and rear walls often requires a heavy steel “moment-frame” in both of those walls. Moment-frames are very costly to fabricate and install. But the same traits that make condominiums economical to build in the first place could (with some creative legal and engineering solutions) also make them more economical to retrofit. From a strict engineering standpoint, it would work just as well to install only two moment-frames in an entire building, not two in every unit. You would still need to tie the whole building to the frames, but this process would be much less expensive than installing moment-frames in every unit. If both the front and rear walls of the building need moment-frames, they could be installed in different units; this could allow greater flexibility in construction and lessen the disturbance to occupants.

The above solution would work easily for an apartment building, where the manager could simply say, “Your unit is the one with slightly less storage because of the seismic retrofit frame.” But with condominiums you could run into all sorts of issues—for instance, is an easement required for structural elements that clearly cross property lines? If the moment-frame that strengthens an entire building is within an individual unit, would the association have right-of-entry to perform inspections? Do the owners of the unit with the frame pay less in assessments because they are giving up space? Are they compensated because there will be more disturbance to their unit during construction?

For many homeowner associations, addressing the above issues could allow a much more economical retrofit of a building as a whole versus retrofitting individual units as completely separate entities. Community associations exist to achieve solutions to common problems, so a cooperative solution should be within reach.

Some ideas:
• Talk to your association’s legal counsel: clearly a single building shared by several property owners already has other shared elements such as the roof, possibly fire alarm systems, etc; a common structural system to resist earthquakes is very similar to these.
• Volunteer to have a moment-frame installed in your unit: homeowner associations hardly ever come to unanimous agreement; people who are resistant to retrofitting may be happier to know that their unit will have much less construction disturbance than yours.
• Place bids on how much to compensate units with frames or other retrofit hardware installed: Maybe in your particular building the moment-frame would block off a storage closet in which ever unit receives the frame. How much money would you want in exchange for losing that closet? If you want $2,500 (remember, this closet is gone forever) but your neighbor will accept less than that, then the frame would go in the neighbor’s unit. Many factors could affect how much “compensation” a unit owner would accept. An absentee owner with a unit vacant between tenants might not mind construction disturbance as much as an owner who uses their unit for a home business.

Thor Matteson is a structural engineer with almost 20 years of experience designing houses, multi-family buildings, seismic retrofits for masonry and wood-framed buildings, and many other unique projects. His book, “Wood-Framed Shear Wall Construction—an Illustrated Guide” was published in 2004 by the International Code Council (available at his website, www.shearwalls.com). Mr. Matteson works with associations to make their complexes more earthquake-safe. You can e-mail him at thorm@sti.net. This article should not be used a substitute for professional services or advice for a specific project or property."

Posted by Beth Grimm at 8:05 PM

May 13, 2009

Posting HOA or CONDO Meeting Minutes on an Open Website - Why Not?

In a recent message a very astute Board member asked me the question that follows about meeting minutes. The Board and manager were at odds about posting board and membership meeting minutes on the HOA website that was not password protected (not because of legal advice but because of cost savings). Board members in favor of "transparency" (a laudible goal) would tend to be in favor of doing what is suggested, but managers and attorneys exercise caution. This is a good example of where a little understanding goes a long way in the world of HOAs and Condo Boards and associations.

Question/Observation: "I, for one, can't understand why multiple lawyers would advise [our management company] not to put minutes on websites, when minutes are supposed to be (by law) available to all HOA members."

My response: The reason for that kind of advice being commonly circulated is that (we) lawyers have seen many sets of minutes that contain potentially harmful information - namely, too much information - usually about discussions that took place or statements about members, etc., that are or can be harmful to the association in some way. Minutes are not part of public records so they are private to the association.

Naturally, it is good to have them so readily available for the reason of being accessible to owners who want to keep up with the business of the association. But they can be damaging if poorly written or if they contain any information that could be perceived as defamatory, very personal to an owner (privacy issue), or confidential and executive or attorney-client privileged and that kind of thing.

It is advisable to either (1) password protect websites (which can be like handing out pool keys, their reach sometimes extends far beyond what was intended), or (2) Take great care to stick to posting information that would be otherwise subject to public review, such as pictures, recorded filed documents, basic information given to realtors about the community, etc. If you post board members names and numbers, comments from owners, discussion groups etc., watch out for trouble!

I once - in searching my own name on the internet - was linked to an HOA website where executive session minutes were posted discussing topics subject to an attorney-client privileged matter and my name came up through a statement by the manager, included in the minutes, about an article I had written. Proper credit was given for the article, but I am sure the attorney for the Association was not happy about such accessibility to private and very confidential information. Ouch for that HOA!!

Posted by Beth Grimm at 10:35 AM

May 12, 2009

CHOOSING AN INTERNET MARKETING SPECIALIST

This is a little off topic of HOAs per se but meant for all, including vendors who serve HOAs and Condo Associations. I do not tout many vendors or products through the website or this blog and especially avoid "vending" for people with whom I do not have specific working experience. However, I do have something to share with you, as sharing important information is my goal.

I have been working to improve my internet and web presence for the past several years mainly with the goal of reaching more and more folks who just need more and more information about HOA and condo living and the law, and to lessen my need to travel to clients. I owe a lot of my successes to a person I met a few years ago when I attended a simple web marketing seminar which lead to starting a blog and then, last year, starting an informative web E-Newsletter. These two tools alone have extended my reach from a few hundred contacts to several thousand.

If you are looking for a resource and vendor who "knows their stuff" in this arena, and who makes services, classes, and educational tools available both "in person" through seminars, and "on the web" with web meetings, then I want to share my resource with you. I receive a lot of solicitations from website and internet vendors through my website (http://www.californiacondoguru.com) via email and I know there are lots of web vendors vying for your business right now, probably more than ever.

If you want a personal referral to someone that I know to be honest, smart, experienced, and a valuable asset, I would suggest you contact Greg Elwell. He can make producing an E-news, setting up a website or "twittering" seem simple. And his marketing expertise has proved invaluable to me. Learing a few simple concepts is the way to go in this economy. It is important to stay ahead of the curve.

This is his "information":

WSI Wiki Works provides interactive marketing consulting, programs and services to businesses committed on leveraging the Internet as a major marketing channel for profitable growth. We take a comprehensive approach to align business objectives with proven strategies that will build traffic, generate leads and increase conversions for maximizing our client’s ROI.

Greg Elwell, principal of WSI Wiki Works has expertise in implementing an integrated and interactive strategy involving the following tools and technologies:
• Content Management System Websites
• Email Marketing Systems and Campaigns
• Search Engine Advertising / PPC
• Search Engine Optimization
• Landing Page Creation and Optimization
• Publishing and Spreading User-Generated Content: Blogs, Podcasts, Photo Sharing/Videos, Presentations, eBooks, Articles
• Social Media Optimization involving social technologies and networks such as Twitter, Facebook, LinkedIn, YouTube, Flickr, Delicious, etc.

WSI Wiki Works' mission is to connect with our clients in a collaborative and purposeful way delivering results that delight and consistently exceed their expectations.
Greg Elwell
WSI Wiki Works
Website: www.wsiwikiworks.com
Email: greg@wsiwikiworks.com

You may want to contact him ... And, you're welcome!

Posted by Beth Grimm at 9:39 AM

May 11, 2009

Charging Owners For Repairs - What is Protocol?

When may an association charge owners for repairs? A recent question that came through on email related to an owner who had received a bill for some work done on the outside of his home, which I presume is in a condo development.

This is the question:

"My condo association has sent me a bill for supposed repairs damage done to the stucco outside our garage. They never sent me a notification of this alleged damage and now they are charging me. When I called the management company to inquire about this issue, she couldn’t even give me a date of the damage. Our units all have the garages in an alley way that is public. Do I have any rights regarding this charge and issue?"

There are many questions that arise:

Does the association have any reliable evidence or reason for believing this owner is responsible? It would be important I believe to let the owner know why you (the association) are charging them - why it is that you (the association) believe that they are responsible.

Do the governing documents (CC&Rs, Bylaws, any other regulations) give the Board authority to charge an owner for repairs? It is important to make sure that the authority to make charges against any owner exists in the documents that regulate the association.

Is there a hearing required before charges can be made? California law does have some hearing requirements before imposing disciplinary action and you can find these on my website at http://www.californiacondoguru.com in the section on FYIs, july 2003. (Enter as a first time visitor or returning visitor and click on FYIs.)

And it is also important to note that the governing documents would describe what kind of development the person lives in. This person characterizes their home as a condo and I have no reason to doubt them. However it is important to note that owners of homes in a planned development (which includes most townhouses) can have more responsibility with regard to repairs, including exterior repairs, than an owner in a condo association.

This blog does not constitute legal advice, it merely raises the types of questions that would come up in an analysis of the question of whether charges to an owner were justified and legally enforceable.

Posted by Beth Grimm at 7:02 PM

May 8, 2009

Work Parties - Workers Compensation Coverage - Is It Necessary?

Questions often arise for Boards about workers compensation insurance. Should a board purchase it for the association even if there are no employees; does it cover board members who are running errands or doing any physical jobs for the association, does it cover work committees, does it protect the HOA when someone is hurt on the job working any construction project?

I have been providing some thought provoking articles about ways to save money these days, and some of the discussions involve work parties and a discussion of the risks. Here is some information from an insurance professional who attended a program that I gave for the South Coast Homeowners Association recently, at which the subject of workers compensation insurance came up. I appreciate it when someone shares their investigative findings with me, so I can share them with you! Here goes...

"As an insurance agent, I am getting many questions on the 'If Any' Work Comp policies. I’ve done some research and found that there are policies available that will cover not only the uninsured employee of a contractor but also board members, committee members and volunteers helping out around the association. A perfect example is a member of the landscaping committee of an association in Ventura that was poked in the eye while examining the health of a bush and was rushed to the urgent care. Luckily the injury was minor and her health insurance took care of most of the bill but what would happen if she lost her eye? In this litigious society I can picture her suing the HOA for her disability."

$500 or $600 is not very much vs. a PPD suit.

What do you think?"

I agree.

This information came from and a big Thank you goes out to ...

Barbara J. Terry, of Bill Terry Insurance Agency
Santa Barbara, California

Posted by Beth Grimm at 10:17 PM

May 6, 2009

CHOOSING A VENDOR FOR AN HOA - INCLUDING MANAGEMENT

Boy, is this a great subject. A question from a reader about how the process works to choose a manager or get the board to put contracts out to bid caused me to do some research and talk to some friends in the "biz" and I came across a GREAT blog article on the subject which can be found on the same site that hosts my blog, namely, communityassociations.net.

The article is written by a long time community associations (same as HOA) manager, Gayle Hasley, who actually wrote a software program on how to keep track of everything that needs keeping track of as a manager. The software is incredibly helpful to HOA managers and in fact, it is helpful to everyone who comes into contact with, works with, provides services for the HOAs, and determines how to resolve legal issues for any HOAs or condos the manager manages. Why? Because it puts the historic information of all aspects of the HOA at the manager's fingertips.

This incredible community associations management software can be seen at http://www.campro.us.

The wonderful blog article on choosing association vendors can be viewed at http://www.communityassociations.net/CAM_blog/2009/02/choosing_a_vendor_.html.

The article sets out how to go about choosing vendors, what is important, and what is not, how the bidding process works, etc. It is a comprehensive article and I could not say anything on this subject that tops what is contained in the article.

Check it out!

Posted by Beth Grimm at 11:54 AM

More on Hardwood Floors/Allergies/Intolerable Noise

Some days questions come in that make me take pause as there is no easy resolution. Here is one that recently came in:

"We have a section in our CC&Rs that state that no unit can install hard-floor coverings when they live above a unit, and/or make alterations that will increase the sound transmission from one unit to another. The Architectural Committee at my community approved our upstairs neighbors to install hardwood floors throughout their unit because [of allergy issues] to carpeting. Now the footfall noise has increased tremendously to such a degree that we cannot sleep if our upstairs neighbors are awake. ... I don't know how we could ever sell our property with the degree of noise that is now being transmitted from above. ... I was not made aware of this application or approval until I heard the construction going on above me and asked about it. Does the Architectural Committee and/or Board have the ability to unilaterally approve such an exemption without my involvement when it would impact another home owner (me and my family) so tremendously?"

This is the long and short of it.

**Most documents do allow boards or architectural committees to make decisions about alterations.
**Some documents have restrictions that would effectively limit what can or cannot be approved.
**Laws through cases and statutes do exist to protect people with disabilities and assure that they, too, can have quality of life, and boards have to deal with those potential issues when considering requests like this for alterations.

So many times, a board is caught between a rock and a hard place (or should I say ... a hardwood floor).

What are the options in this situation?

Boards and ACC:

Check with an accoustics professional BEFORE APPROVING ANYTHING to see what the options are for protecting the neighbors below! And require that cork or some equivalent type of underlayment be included in the installation.

If this was not done ... then the problem is left in the hands of an owner, and an association may be exposed to some possible repercussions.

Other things for all parties to look at:

Rugs and padding that are made of nonallergenic fibers for the areas where traffic occurs. With active children, these tend to be the areas of the longest stretch of running capability.

Rubber based floor coverings such as those used in commercial buildings that deaden noise.

Felt or other soft protecting coasters for furniture and tables holding speakers, TVs, etc. and all furniture, and appliances that have noise making capability.

Requiring removal of shoes - wearing soft sole shoes or slippers when in the home.

Speaking in lower terms as noise echoes through rooms with hard surface flooring.

White noise machines.

Communication, communication, communication.

When parties clam up or retaliate, the problems escalate. Irresponsible actions lead to lawsuits and these are some of the worst for all parties because there is no easy resolution. If parties are obstinate, and the aggrieved party cannot get any kind of satisfaction through attempts to communicate, these are options:

Seek mediation of the issues. If the neighbors or board won't talk to you, call a local mediation service and see if they can get the other parties to the table.

Seek recovery for nuisance in small claims court. Perhaps a hearing officer can help prod the parties to take more assertive action to address the noise issues ... the claim would be nuisance, the request would be for monetary damages, and you can talk to the small claims court advisor about how to file. Some small claims courts have classes on filing a small claims action.

Seek an injunction ordering some kinds of accomodation. For this you will need a lawyer. Also, sometimes a letter from a lawyer laying out the legal possibilities and claims can engender more cooperation or bring a party to the "mediation" table to avoid protracted legal claims.