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Illinois Home Owners Association and Condominium Owners Association Law

Are HOAs COAs Obligated to Enforce Local Noise Ordinances in Naperville

October 2, 2024

homeowners association meeting

Homeowner associations have limited enforcement powers regarding noisy neighbors, governed by bylaws and local ordinances.

Key Takeaways

  • Homeowner associations have limited powers to address noisy neighbors, governed by bylaws and local ordinances.
  • Bylaws provide unique rules for association management but must align with local ordinances.
  • Noise complaints exceeding permissible decibels may result in a nuisance claim under the Naperville Noise Ordinance.

Many may wonder what a homeowner's or condominium association can do to help get a neighbor to quiet down.  

 

Many homeowners and condominium associations are bound by the bylaws written by the association when it comes to how much enforcement is allowed and/or required from a homeowner's association and/or condominium association.  

 

These bylaws are a unique set of rules specifically designed to help manage and run that respective drafting association.  

 

The bylaws must not violate the local ordinances; however, they may provide additional protection and remedies for homeowners within the association.  

Naperville Noise Ordinance:

  • The noise ordinance designates quiet hours between 7:00 pm and 7:00 am for residential and commercial zones.  
  • Noise during 7:00 am and 7:00 pm are also regulated.  
  • Residential areas are limited to 55 dBA during non-quiet hours.  
  • Residential areas are limited to 50 dBA during quiet hours.  
  • Commercial areas are limited to 62 dBA during non-quiet hours.  
  • Commercial areas are limited to 55 dBA during quiet hours.  
  • Light Industrial areas are limited to 70 dBA during non-quiet hours.  
  • Light Industrial areas are limited to 70 dBA during quiet hours.  
  • Industrial areas are limited to 80 dBA during non-quiet hours.  
  • Industrial areas are limited to 80 dBA during quiet hours.  
  • As you may have noticed, there is no noise ordinance designated quiet hours for light industrial zones or industrial zones where the noise cannot exceed 70 dBA and 80 dBA, respectively. If you exceed these decibels at any time, you may be subject to a noise complaint and/or a nuisance claim.  

Therefore, no association in Naperville may shorten the quiet hour to anything starting later than 7:00 pm or ending earlier than 7:00 am.  

Also, because all associations create their bylaws for residential zones, they must not exceed permissible decibels allowed by Naperville's noise ordinance. Often, associations are limited in their enforcement abilities when addressing noise complaints.  


If you have a noise complaint against your neighbor, you may have a nuisance remedy available. Contact us to find out more by scheduling a consultation with one of our local Naperville O'Flaherty Law attorneys.

Disclaimer: The information provided on this blog is intended for general informational purposes only and should not be construed as legal advice on any subject matter. This information is not intended to create, and receipt or viewing does not constitute an attorney-client relationship. Each individual's legal needs are unique, and these materials may not be applicable to your legal situation. Always seek the advice of a competent attorney with any questions you may have regarding a legal issue. Do not disregard professional legal advice or delay in seeking it because of something you have read on this blog.
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