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I cannot remember if it appeared in the Blog section or board talk. It referenced the fact that one should not not pay maintenance for noise, nuisances etc but rather make the board aware ot it and let them deal with the issue. If they did not, the shareholder could sue. There was a term used for the sueing that I cannot remember. Help please
Although the term "Quiet Enjoyment" may be found in your proprietary lease or other documents, and is probably the term you were thinking of, it does not mean lack of noise. "Quiet enjoyment" actually means that you have "use or possession of the property undisturbed by claim of superior title".
Check your House Rules - your problem is likely referred to as disturbing noises that interfere with the rights, comforts or convenience of other occupants.
"Quiet Enjoyment" is the phrase that everyone misapplies. I'm glad you stated what it means.
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Are you referring to each shareholder's right to the peaceful and quiet enjoyment of their apts? If you have noise disturbances from another shareholder you must document it in letters to the managing agent and the Board and they will act on your behalf to settle the situation. But you must continue to pay your maintenance regardless.
Hope this helps.
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