The Habitat Company / Noise Disturbance not enforcing rules
I reside in the McKinley Park Lofts located at 2323 W Pershing Rd. The building was developed and is managed by The Habitat Company (350 West Hubbard Street Chicago , IL [protected]) and they are also the board becuase we are not at 75% sold yet .
I have an issue that I thought someone might be able to give me assistance on. Since January I have had to call the Chicago Police for noise disturbance on the unit above me over 30 times. I have all records indicating that the police we dispatched and management at the McKinley Park Lofts was notified, to date nothing has been done to resolve this issue. In August a "Resident Handbook" was distributed to all residents. A fine system was stated in this book. When talking to Habitat's lawyer, she stated:
"The proposed resident handbook was distributed at the request of several residents at McKinley Park in an effort to provide clarification on the operation of the building. In accordance with the By-Laws for McKinley Park , these rules can only be enforced by a unit-owner controlled board after formal adoption by the residents. As such, we have not issued a fine to the unit owners of 520, nor would the current board have the authority to do so.
A developer-controlled board may in some circumstances levy a reasonable fine for a unit owner's violation of the terms of the declaration, but even then, only after notice and a hearing. It is a very unusual circumstance that a developer board would hold a hearing. Nonetheless, that would have to be the next step in the process.
As I suggested, The Habitat Company, as managing agent for the property and not as a representative of the board, would be happy to assist in an informal mediation process in an effort to resolve this dispute. We have explored the option of a professional mediator, but it is a costly process and is not binding on either party. Further, it is not an avenue that is typically used in owner disputes.
Both the management company and the developer-board will be happy to continue to work with you and the owners of 520 to resolve this issue to the fullest extent possible under the terms of the declaration and by-laws governing McKinley Park."
They have done nothing to resolve this issue and my wife and I have lost sleep and even missed work because of the noise. I hope someone can assist me in this matter.
Since October 8th the lawyer was to set up a mediation and a sound test and has yet to do so and her excuse is that she can not get a hold of the residents making the noise.