Condominium owners in Chicago want a fitness club to lower its alleged "extreme" music volume or move out.
A condominium association representing 10 residential units and the seven owners who live directly above Sproing Fitness in Chicago's Old Town Triangle neighborhood are plaintiffs in a lawsuit that seeks injunctive relief, according to a complaint filed Oct. 30 in Cook County Circuit Court. The complaint alleges breach of the condominium's covenants, trespass and nuisance. (Read the complaint at the bottom of this page.)
The volume of the music at Sproing Fitness is so loud that smartphones apps within the residences can detect song titles and residents can hear class instructors working with club members, according to the complaint. The residents claim the club's noise is affecting their health and property values, and interferes with their business and recreational activities.
The plaintiffs are seeking relief to prohibit the music from Sproing Fitness, and any other noise coming from the street-level commercial property, from creating audible noise within the condominium property as determined by sound engineers at cost to the defendants.
The plaintiffs are seeking a declaratory judgment to invalidate Sproing Fitness' lease with landlord and co-defendant Waukee Real Estate Associates if the alleged "nuisance" noise levels are not fixed. The plaintiffs also requested unspecified punitive damages and court costs.
Sproing Fitness co-founder and former Bally Total Fitness CEO Paul Tolback, who founded the club with former Life Fitness Vice President of Engineering Steve Lenz, called the complaints "unreasonable," according to a DNAinfo Chicago report.
"We believe [this] is sheer harassment and they will settle for nothing less than perfect quiet as defined by them," Tolback told DNAinfo Chicago.
Sproing Fitness installed soundproofing before opening and lowered the music volume on multiple occasions, but residents were not satisfied and sometimes called the police, according to DNAinfo Chicago.
In addition to the noise complaints, the homeowners allege industrial ductwork providing ventilation to Sproing Fitness was improperly installed by Waukee and Sproing without consent from the homeowners' association. The "unsightly" ductwork shares common walls with the condominium property, interferes with movement in the common areas and devalues the property, according to the complaint.
The association made repeated requests for the ductwork to be removed in addition to repeated requests to lower the club's volume, but those requests were ignored, according to the complaint.