I don't think someone who is being yelled at frequently by another will need much to document if it happens in common areas of the property and gives you proper notification with specific information. Also, the agreaved should try to file a police report and obtain legal help as you well put it before.

However, an appropriately crafted letter by management to the alleged offender may open the avenues of communication and send a signal that management and the board may be willing to help with any deficiency brought to their attention.

AdC

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While it is good that the building residents hear it, unless the residents are willing to go and testify in court, it means nothing.
I agree with your overall thought, however, I am just extra cautious for the following reason....
I personally would still advise the Board to be hands off until there is documented and just cause. Just cause defined by a breach in the PL, BL or HR, whereby the Board then has a duty to intervene. Even at that point, the Board should not do it, it should be Management writing the letter and leaving the Board out of it as to protect them.
Sometimes, management will get involved in this situation to find out that there is usually three sides to a story; apartment 1's, apartment 2's side and then the truth.


~AR

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Board has fiduciary resposibility for the co-op; thus, it has responsibility for strict observance of the PL and by-laws (not to say half-observance as this chatroom in general may demonstrate). Thus, management and/or co-op counsel are delegated to deal with these issues.

As a Board who is concerned with preserving the quality of living that you have even recognized, a letter received from the shareholder with sufficient documentation (dates, hours, location of incident) or even verbal reports from witnesses of at least two observable events are enough for investigation by management. This is similar to a noise complaints from one neighbor about another: a Board through management should not start a noise investigation that may be considered frivolous, i.e., an isolated incident or a claim of noises from another apartment with no date or hour or good description of the noise to justify an investigation.

HOwever, should the board receive a reasonable letter to open an investigation, it has no other choice but to request the intervention through a well crafted letter from management and if necessary with co-op counsel to bring order to a situation that may escalate into an unpleasant neighborly dispute for other residents.

AdC

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"I personally would still advise the Board to be hands off until there is documented and just cause. Just cause defined by a breach in the PL, BL or HR, whereby the Board then has a duty to intervene. Even at that point, the Board should not do it, it should be Management writing the letter and leaving the Board out of it as to protect them."

It sounds like what I am saying and what you are saying are the same thing, with exception to the fact that I like more documentation or substantiation; this is just a managers way

best
~AR

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