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noise and habitabilityJun 01, 2015

A coop resident has been complaining of noises, primarily sounding like 'stuff' being dropped on the floor or furniture being dragged around after 10 pm to maybe 3 am. None of the neighbors have heard it, the assumed apartment above has carpeting. 'Walk bys' by a few board members between 10 pm - 1 am have yet to detect any noises. The complaints continue, and are being elevated to threats of possible legal action against the coop for unabated noise, lack of quiet enjoyment. I've heard that the police have been called at least once, but no info was provided as to the outcome. What can we do?

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noise and habitability - Sue Jun 02, 2015

Oh boy. That's all I can really say. Our 12 unit co-op took the legal route and ended up in several different courts with no good outcome other than emptying out our wallets. Of course, board and building did try everything under the sun prior to seeking legal route. In our case shareholder did not not abide by the "carpet rule", noise was terrifying, police were called, child services was called - all to no avail. Shareholder was in violation of other house rules as well, denying everything. Shareholder was also a lawyer and began several negative campaigns in and out of court, personally going after board members, even going on fox news Long story short, the whole affair left the building a mess.
I was left with the feeling that there really isn't much a Board can do when someone violates house rules or other tenant to tenant issues. That's unfortunate.
Our building did revise our PL and House rules giving Board more power to enforce and possibly use penalities. But, it boils down to people behaving neighborly, respectfully and taking ownership when in violation.
Sorry, it this wasn't much help.

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noise and habitability - Ned in Toronto, Canada Jun 03, 2015

I would simply prepare a letter from the board to the reported violating unit advising them that you have received a reported noise nuisance complaint with the reported sounds of what appears to be furniture being moved or dragged and large items dropped on the floor in the late evening/early morning hours. Then just cite your house rules that apply for noise, end the letter by asking them to contact you if they have any concerns and see if they respond. Advise the complainant that a letter has been sent to the unit.

You could send a letter to units beside the unit making the noise and across from them advising them that board has received complaints regarding noise nuisance from unit XX and that it would be helpful if they have experienced noise issues to contact the board.

If a board member lives in close proximity to the complainant and is willing, offer to come to their unit to listen first hand (providing availability). You will either hear the reported noise - or not.

I think after all these steps you will find out if there is noise, consistently or not, or you just have a "complainer" on your hands, in which case and after all these steps have been taken, advise them to report the noise to the Police directly and to advise the board accordingly.

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noise and habitability - Steven424 Jun 02, 2015

You might consider consulting an acoustic engineer to see if any equipment could be set up to monitor and record noises in the apartment. They might also have suggestions as to the source based on their experience.

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