Lower Unit Owner Loses Action Against Upper Unit Owner and Association Based on Noise and Nuisance Claims and is Ordered to Pay Over $460,000.00 in Attorney Fees and Costs

Case Summary: Zokaei v. Mansoir (2024)

This case involved a dispute between two condominium owners, Owner 1 and Owner 2, and their Homeowners Association. What began as a noise complaint escalated into a legal battle over CC&R enforcement, arbitration, and attorney fees, ultimately leading to a costly ruling against Owner 2.

Background & Dispute

• Noise Complaints & CC&R Violations: Owner 2, who owned a ground-floor condo, complained about excessive noise from the unit above, owned by Owner 1. He claimed that Section 7.15 of the CC&Rs required her to install carpeting or soundproofing, which she failed to do.
• HOA & Neighbor Pushback: Both Owner 1 and the HOA disputed his claims, arguing that the noise was normal residential sound and that Owner 2 himself was a source of disturbances due to his three children making excessive noise.
• Harassment Allegations: The HOA further alleged that Owner 2 harassed and stalked Owner 1 and her daughter, creating a nuisance and violating the community’s rules.
• Improper HOA Actions: As HOA president, Owner 2 raised his complaints in an unauthorized special meeting, violating association procedures.

Arbitration & Attorney Fee Dispute

The case went to binding arbitration, as required by the CC&Rs. The arbitrator ruled against Owner 2, finding that:

• The noise from Owner 1’s unit was not excessive or in violation of HOA rules.
• Owner 2’s claims were meritless, but the HOA’s cross-claims against him were also dismissed.

After the ruling, both Owner 1 and the HOA sought attorney fees and costs, citing: