Have you tried approaching the upstairs tenant in a polite way and explain to them the situation politely and ask if could try to tone down the run,stomp, music after late hours? Or if they don’t have carpetted flooring, asking politely if they can get some carpets.
I don’t think trying to deal with this by force will help. First, you won’t be able to “sue” successfully. Second, if you approach the HOA, they will probably wash their hands clean of this, and the upstairs tenant can deny they are doing anything, and could blame everything on the terrible acoustics of the building. Third, the moment you try to deal with this situation by force, what might have been people upstairs being unknowingly inconsiderate could quickly escalate to being intentionally inconsiderate. And then, you’re really in a worse situation.
For example, my relative shares an building with a nasty woman downstairs. And my relative’s upstairs is all wood floor. So unless my relative’s visitors are extra careful, the slightly heavy walking, or moving things will echo downstairs. This person downstairs has never asked nicely, and so my relative stopped trying to be considerate to them… When I visited them with my kid, we were moving the bed, and my kid forgot and jumped off the bed onto the wood floor, making a thump. The person downstairs was pissed and knocked on the door and started screaming about it. We said we were sorry, but at that point my relative was pissed. So they started vacuuming upstairs and moving furniture in the middle of the night…..And when my kid forgot and started bouncing on the bed and I told my kid stop, my relative said “why bother? Jump harder…”
Just saying….
I guess the lesson to learn is try to avoid buying a downstairs unit? 🙁
