The Ultimate Guide to HOA Noise Rules vs. City Ordinances

The General Rule: The Stricter Rule Wins

The most important thing to remember is that HOA rules can be more restrictive than city ordinances, but they can never be less restrictive. An HOA cannot legally permit an activity that the city has outlawed.

For example, if your city's quiet hours start at 11 PM, your HOA is free to set its quiet hours to start at 10 PM. In this case, you are bound by the HOA's stricter 10 PM rule. However, your HOA could not decide that quiet hours start at midnight, as that would permit noise during a time the city has deemed a quiet period.

Common Differences in HOA Noise Rules

HOA rules are often more detailed and specific than city ordinances because they are tailored to a particular type of living environment (like a condo building or a planned community). Look for rules in your HOA's CC&Rs regarding:

• Stricter Quiet Hours: As mentioned, HOAs often have earlier start times for quiet hours.
• Flooring Requirements: Many condo HOAs require that a certain percentage of hard-surface floors in upper-level units be covered by rugs to reduce impact noise.
• Rules for Balconies and Patios: There may be specific rules against loud music or late-night gatherings in these outdoor spaces.
• Construction and Remodeling: HOAs often have their own set of approved hours for construction, which can be stricter than the city's rules.

Who Do You Complain To?

This is the most significant difference. If your neighbor is violating the city's noise ordinance (e.g., a massive party at 2 AM), you can call the police non-emergency line. However, if they are violating a stricter HOA rule (e.g., playing music on their balcony, which is against HOA policy but not illegal), your recourse is with the HOA board or management company.

For HOA violations, you should submit a formal, written complaint to the board, citing the specific CC&R that is being violated. The HOA then has the responsibility to enforce its own rules, which usually involves sending a warning notice to the offending resident, followed by fines for continued violations.

The Takeaway

When you live in an HOA, you have an extra layer of protection against noise, but also an extra set of rules to follow. Always start by reading your HOA documents to understand the specific policies. For violations of those policies, your HOA board is your enforcement agency. For serious disturbances that violate city law, the police are still the appropriate contact.