Monday, October 20, 2014
FAIRFIELD-SUISUN, CALIFORNIA
99 CENTS

Bad blood between neighbors keeps noisy wind chimes swinging

By
From page C2 | December 07, 2013 |

Q: We have some new neighbors who just moved in, and they have hung some loud wind chimes on their patio/trellis that borders our house (the side where our bedrooms are located). I can hear the bells inside our home even with all the windows and doors closed. After exchanging greetings and introducing ourselves, I asked the neighbors if they could remove the chimes since I can hear them inside my house. I invited him to come in our home and hear for himself.

He said it should not be a problem, and as he was saying this his wife emerged from their house. He introduced her, and then asked her if they could remove the chimes. She said no, that she loves hearing chimes. I asked her if she could at least tie them up at night so that they would not keep us awake, and she also said no. Then she started scolding me about how I reported their patio/trellis to the city, and how I created a lot of problems for the selling process (turns out, her sister was the previous owner).

The city made the former owners move the trellis since it did not meet setback requirements. She said that if anyone else were to ask her to remove the chimes, she would do it, but she would not do it for me.

I relayed this information to our homeowners association, and someone called the husband. He said the chimes remain hanging because his sister-in-law (former owner) had issues with me. The woman from the homeowners association told him that he should use his moral conscience and remove them. Needless to say, he did not.

Shouldn’t the association be able to enforce this? The police department said that chimes are a civil matter and that they cannot respond to them, even though they may disturb residents during the evening hours. I have asked these people politely to remove the bells, and because the woman is holding a family grudge, she refuses to remove them. How can I get them to remove the chimes?

A: You could try getting someone else to ask her to remove the chimes.

OK, let’s assume that doesn’t work. It’s obvious there is some bad blood between you and your neighbor. Be that as it may, there are only a couple of ways a C.C&R restriction is enforced.

I don’t know what authority your homeowners association has. Your C.C&Rs and homeowners association bylaws should lay out whether the association specifically has the power to terminate the chimes.

Many, probably most, associations are toothless when it comes to enforcement.

Their bylaws allow them to file a lawsuit, but as a practical matter they almost never do. Usually the expense, coupled with the politics of running an association, prevents them from filing a lawsuit.

Homeowners almost always have the right to bring a civil lawsuit.

But the cost, not the mention the fact that neighbors usually don’t like having neighbors who file lawsuits, usually prevents such actions.

If your association does have the power to remove the chimes then you need to make your case heard. If there are any other neighbors who are willing to side with you, it will make your case that much more compelling.

A strong homeowners association can take care of the problem very quickly.

If not, a lawsuit or ear plugs are probably in your future.

Tim Jones is a real estate attorney in Fairfield. If you have any real estate questions you would like to have answered in this column you can contact him at SolanoScene@TJones-Law.com.

LEAVE A COMMENT

Discussion | 7 comments

The Daily Republic does not necessarily condone the comments here, nor does it review every post. Read our full policy

  • This looks familiar...December 07, 2013 - 7:30 am

    Do you always rerun your articles ten years later?

    Reply | Report abusive comment
  • S KDecember 07, 2013 - 8:39 am

    This busy body should get a life, complaining about nothing, which is why you would never catch my BUTT in any development with an HOA, even though it is to keep things looking nice. People's freedoms also are more important IMO. Unless these are real large, LOUD chimes, forget about it. We have a smallish set on our deck and I made a point of asking our real nice neighbor if it bothered them, because i would have moved it in a moment, but he said that they can't even hear it. Best neighbors that I have had all around me in the 37 yrs. that I have been here, helping each other out all the time, and looking out for each other. Really, complaining about a TRELLIS, which enhances a deck/patio's appearance IMO???!!! Proof this neighbor is a PIA :-)

    Reply | Report abusive comment
  • FredDecember 07, 2013 - 10:21 am

    Really S K, do you know the whole story to chime in like that? I have a neighbor with those large wind chimes (but in the front of the house) that go "Bong", "Bong all day "Long", "Long" & I would not want them by my bedroom window. These people should suit in Small Claims. Cheap, easy & at $7500 should get Chime Lady to sing a differant note...

    Reply | Report abusive comment
  • sue manDecember 07, 2013 - 2:35 pm

    File a small claims suit against your neighbor for willfully creating a sound nuisance that interfears with your ability to sleep thus negativlly impacting your health sue for the max if you can proove in the lower court that the neighbor intened to cause disterbance you could then ask the police to investigate this as an attempt to do harm to your wellbeing or attempted mutrder that could lead to arrest of your neighbor

    Reply | Report abusive comment
  • Time for some new material Tim.December 07, 2013 - 2:58 pm

    This literally happened 10 years ago. The statue of limitations is probably over by now.

    Reply | Report abusive comment
  • Here's what to do!December 07, 2013 - 9:33 pm

    I would put a 4 million Watt Spotlight pointing at their front and rear of their home..then I would play a non stop rabbit distress coyote call all day long, I would then point 8 surviellance cameras at their house, then i would put rotting fish and eggs in garbage bags and stack it next their fence.......I would make living next to me a living hell for them!

    Reply | Report abusive comment
  • John ShiloJune 17, 2014 - 9:33 pm

    I have the same problem where I live. When I bought this house two close neighbors had super loud chimes that I could hear in every room in my house but one. One lady met me out front and said so nicely, "I gave that chime to my son," and I very gratefully said, "I owe you a big one!" But behind me another neighbor has the loudest chime I've ever heard. I received no response from him except that he moved the chime to his front yard, but I will hear it just as loud, it's the same distance away. I contacted the city by email at the site they provide for HOA complaints and received no response. I hate this whole process and have just let it go, but sometimes the wind blows all week long and those chimes are near constant. I don't know how people can be so inconsiderate. I told them that I can't sleep with my window open because the chimes wake me up, and it made no difference. It has altered my life style - I abandoned one bedroom, using it as a buffer, so I don't hear it. I've heard chimes before that were somewhat in the distance, were pleasant and actually soothing, but these chimes are just like loud metal banging together, nothing appealing or pleasant about them. I imagine I will just have to keep living this way, enduring it, seething about it. Truth be told, I pray about it, that God will give me patience and wisdom on how to deal with the situation.

    Reply | Report abusive comment
.

Solano News

Girl Scouts explore sweet side of chemistry

By Jess Sullivan | From Page: A1, 1 Comment | Gallery

 
Senior Center hosts monthly travel presentation

By Daily Republic staff | From Page: A3

 
Total Home, Garden & Harvest Festival wraps up

By Daily Republic staff | From Page: A3, 1 Comment | Gallery

 
Pumpkin Patch Festival set for final weekend

By Daily Republic staff | From Page: A3

Sessions teach about child support process

By Daily Republic staff | From Page: A3

 
Arrivederci! Italian Festival

By Daily Republic staff | From Page: A3 | Gallery

Red Kettle Program returns for holidays

By Daily Republic staff | From Page: A3, 1 Comment

 
Holiday Fashion Extravaganza registration deadline looms

By Daily Republic staff | From Page: A3

Elder depression and substance abuse topic of discussion

By Daily Republic staff | From Page: A3

 
Vacaville library to host composting series

By Daily Republic staff | From Page: A3

Napa man jailed for running over ex-girlfriend

By Staff and wire reports | From Page: A4, 3 Comments

 
Local governments schedule meetings

By Daily Republic staff | From Page: A4, 1 Comment

Weather for Monday, Oct. 20, 2014

By Daily Republic staff | From Page: B12

 
.

US / World

Expelled Nazis paid millions in Social Security

By The Associated Press | From Page: A1, 1 Comment

 
Cruise ship docks with Ebola-watched health worker

By The Associated Press | From Page: A1

Friends, family of Ebola patient reach milestone

By The Associated Press | From Page: A1

 
Obama switches gears, confronting Ebola head on

By The Associated Press | From Page: A1, 4 Comments

CDC to revise Ebola protocol, Pentagon preps team

By The Associated Press | From Page: A1

 
California lottery sales top $5B for first time

By The Associated Press | From Page: A4

Archaeologists seek movie set in California sands

By The Associated Press | From Page: A4

 
The 10 semifinalists for World’s Funniest Person

By The Associated Press | From Page: A5, 2 Comments

On the road to find the world’s funniest person

By The Associated Press | From Page: A5

 
New England raking in millions from leaf peepers

By The Associated Press | From Page: A6

Police hunt for clues near where Va. remains found

By The Associated Press | From Page: A6

 
Super drunk woman arrested, mistook jail for bar

By The Associated Press | From Page: A6, 1 Comment

Robotic device helps paralyzed groom walk aisle

By The Associated Press | From Page: A6, 1 Comment

 
Coroner: 6 fire victims died of smoke inhalation

By The Associated Press | From Page: A6

Pope beatifies Paul VI at remarkable synod’s end

By The Associated Press | From Page: A7, 1 Comment

 
S. Korea: 2 Koreas exchange gunfire along border

By The Associated Press | From Page: A7

Sweden: 3 credible sightings in submarine search

By The Associated Press | From Page: A7

 
5 Things to Know about Pope Paul VI

By The Associated Press | From Page: A7

UN says Iraq has executed 60 people this year

By The Associated Press | From Page: A7

 
Marine accused in Philippine killing tests US ties

By The Associated Press | From Page: A9

.

Opinion

Is it truly affordable health care?

By Jim Mccully | From Page: A8, 22 Comments

 
Suisun mayor offers his endorsements

By Letter to the Editor | From Page: A8, 14 Comments

Which candidates support Alzheimer’s cure?

By Letter to the Editor | From Page: A8

 
Beware a Trojan horse

By Letter to the Editor | From Page: A8, 4 Comments

Pulse poll question

By Daily Republic | From Page: A8, 1 Comment

 
.

Living

Community Calendar: Oct. 20, 2014

By Susan Hiland | From Page: A2

 
Today in History: Oct. 20, 2014

By The Associated Press | From Page: A2

I’m too scared to leave my abusive husband of 15 years

By Kathy Mitchell and Marcy Sugar | From Page: B5

 
Horoscopes: Oct. 20, 2014

By Holiday Mathis | From Page: B5

 
Horoscopes: Oct. 21, 2014

By Holiday Mathis | From Page: B7

.

Entertainment

TVGrid Oct 20

By Daily Republic Syndicated Content | From Page: A10

 
TVGrid Oct 21

By Daily Republic Syndicated Content | From Page: A11

Comedians honor Jay Leno with humor prize in DC

By The Associated Press | From Page: A11

 
Report: Nashville songwriter Paul Craft dies at 76

By The Associated Press | From Page: A11

Reported ‘Easy Rider’ chopper sells at auction

By The Associated Press | From Page: A11

 
‘New Girl,’ ‘Cosmos’ win Environmental Media Award

By The Associated Press | From Page: A11

 
‘Fury’ blasts ‘Gone Girl’ from top of box office

By The Associated Press | From Page: A11

.

Sports

Manning breaks Favre’s TD mark in 42-17 win over 49ers

By The Associated Press | From Page: B1 | Gallery

 
Tim Lincecum waits his turn, still yet to pitch

By The Associated Press | From Page: B1 | Gallery

Keselowski keeps title hopes alive at Talladega

By The Associated Press | From Page: B1 | Gallery

 
Palmer leads Cardinals past Raiders 24-13

By The Associated Press | From Page: B1 | Gallery

38th Doug Butt Run highlights week’s events

By Paul Farmer | From Page: B1

 
Serena Williams hits back at Russian official

By The Associated Press | From Page: B2

Kings pick up G Ben McLemore’s option

By The Associated Press | From Page: B2

 
Rockets beat Warriors 90-83 in exhibition game

By The Associated Press | From Page: B2

Pacquiao makes professional basketball debut

By The Associated Press | From Page: B2

 
Cal receiver Trevor Davis released from hospital

By The Associated Press | From Page: B2

Sounders rally for 2-2 tie with LA Galaxy

By The Associated Press | From Page: B2

 
Rangers net 2 in 4 seconds; Lundqvist stops Sharks

By The Associated Press | From Page: B2 | Gallery

NFL roundup: Jaguars bounce Browns, gets first win

By The Associated Press | From Page: B2 | Gallery

 
SEC is 1st conference to put 4 in top 5 of AP poll

By The Associated Press | From Page: B2

Ski champ Svindal injured while playing soccer

By The Associated Press | From Page: B2

 
This date in sports history for Monday, Oct. 20, 2014

By The Associated Press | From Page: B3

 
Royals dependent on 3-headed bullpen monster

By The Associated Press | From Page: B8 | Gallery

Denkinger’s miss revisited as Series returns to KC

By The Associated Press | From Page: B9 | Gallery

 
Hend wins Hong Kong Open in a playoff

By The Associated Press | From Page: B9

Baek wins playoff to take LPGA South Korea

By The Associated Press | From Page: B9

 
Ilonen beats Stenson in World Match Play final

By The Associated Press | From Page: B9

Jay Haas wins Greater Hickory Kia Classic

By The Associated Press | From Page: B9

 
Ben Martin wins 1st PGA Tour title in Las Vegas

By The Associated Press | From Page: B9

.

Business

Facebook, Apple pay for egg freezing, sperm donors

By The Associated Press | From Page: A10

 
.

Obituaries

.

Comics

B.C. Oct 20

By Daily Republic Syndicated Content | From Page: B4

 
Peanuts Oct 20

By Daily Republic Syndicated Content | From Page: B4

Baby Blues Oct 20

By Daily Republic Syndicated Content | From Page: B4

 
Rose is Rose Oct 20

By Daily Republic Syndicated Content | From Page: B4

Dilbert Oct 20

By Daily Republic Syndicated Content | From Page: B4

 
Frank and Ernest Oct 20

By Daily Republic Syndicated Content | From Page: B4

Get Fuzzy Oct 20

By Daily Republic Syndicated Content | From Page: B4

 
Pickles Oct 20

By Daily Republic Syndicated Content | From Page: B4

Garfield October 20

By Daily Republic Syndicated Content | From Page: B4

 
Sally Forth Oct 20

By Daily Republic Syndicated Content | From Page: B4

Baldo Oct 20

By Daily Republic Syndicated Content | From Page: B4

 
Beetle Bailey Oct 20

By Daily Republic Syndicated Content | From Page: B4

Zits Oct 20

By Daily Republic Syndicated Content | From Page: B4

 
Blondie Oct 20

By Daily Republic Syndicated Content | From Page: B4

Wizard of Id Oct 20

By Daily Republic Syndicated Content | From Page: B4

 
For Better or Worse Oct 20

By Daily Republic Syndicated Content | From Page: B4

Bridge Oct 20

By Daily Republic Syndicated Content | From Page: B5

 
Cryptoquote Oct 20

By Daily Republic Syndicated Content | From Page: B5

Crossword Oct 20

By Daily Republic Syndicated Content | From Page: B5

 
Word Sleuth Oct 20

By Daily Republic Syndicated Content | From Page: B5

Sudoku Oct 20

By Daily Republic Syndicated Content | From Page: B5

 
Dilbert Oct 21

By Daily Republic Syndicated Content | From Page: B6

Beetle Bailey Oct 21

By Daily Republic Syndicated Content | From Page: B6

 
B.C. Oct 21

By Daily Republic Syndicated Content | From Page: B6

Frank and Ernest Oct 21

By Daily Republic Syndicated Content | From Page: B6

 
Blondie Oct 21

By Daily Republic Syndicated Content | From Page: B6

Garfield Oct 21

By Daily Republic Syndicated Content | From Page: B6

 
Get Fuzzy Oct 21

By Daily Republic Syndicated Content | From Page: B6

Baldo Oct 21

By Daily Republic Syndicated Content | From Page: B6

 
Pickles Oct 21

By Daily Republic Syndicated Content | From Page: B6

Rose is Rose Oct 21

By Daily Republic Syndicated Content | From Page: B6

 
Baby Blues Oct 21

By Daily Republic Syndicated Content | From Page: B6

For Better or Worse Oct 21

By Daily Republic Syndicated Content | From Page: B6

 
Sally Forth Oct 21

By Daily Republic Syndicated Content | From Page: B6

Zits Oct 21

By Daily Republic Syndicated Content | From Page: B6

 
Wizard of Id Oct 21

By Daily Republic Syndicated Content | From Page: B6

Peanuts Oct 21

By Daily Republic Syndicated Content | From Page: B6

 
Bridge Oct 21

By Daily Republic Syndicated Content | From Page: B7

Sudoku Oct 21

By Daily Republic Syndicated Content | From Page: B7

 
Crossword Oct 21

By Daily Republic Syndicated Content | From Page: B7

Word Sleuth Oct 21

By Daily Republic Syndicated Content | From Page: B7

 
Cryptoquote Oct 21

By Daily Republic Syndicated Content | From Page: B7