Question: Is there a state law to enforce noise problems from upper units ceramic tile floors, being heard very loudly in lower units?
Randy, Inverness, Fla.
Answer: There is no state law that I am aware of that addresses these types of noise problems. Normally, noise restrictions are contained in county or city ordinances or codes. These will likely regulate the decibel level of acceptable noise, and may also regulate the times of day where certain noises may be allowable. Therefore, you would be encouraged to check with your local code enforcement or with your local city or county government to determine whether your area is governed by such a restriction. In addition, associations often have restrictions on noise levels in their governing documents. For example, I’ve seen declarations of condominium that regulate the types of flooring that can be installed in units so as to avoid excessive noise being heard in the units below. I’ve also seen declaration provisions requiring a certain type of soundproofing underneath the flooring in a condominium unit. Therefore, you should also check your association’s governing documents to determine if your condominium is governed by any such restrictions, or to see if it is possible to amend your declaration to create such restrictions.
Steven G. Rappaport, Sachs Sax Caplan, P.L.