Hi everyone! HabitatReporter here again, this time with a response from Elliot Meisel of the law firm of Brill & Meisel. He says,

"The first issue is whether the building in question is a co-op or a condo. Each has a very different way of dealing with such situations.

The most important issue here is that board members should be above reproach. They should not be guilty of anything that other shareholders should not be guilty of. It is the responsibility of the board to hold its members to a higher standard. The other board members can try to persuade the problematic board member of that responsibility. Failing that, he or she can be removed from the board either with or without cause by the other boardmembers or the shareholders, depending on the by-laws of the building.

If the building is a co-op, the Board should first check the proprietary lease as the offending board member can be found in default and afforded the chance to comply or be evicted. In a condo, there is no landlord/tenant relationship, and the by-laws are poor at enforcing non-monetary issues, but in addition to having the board member removed from the board the condo can go to court to seek an injunction against the offending conduct, but that is difficult, will take a long time and be expensive.

Calling the Board of Health is a possibility but is likely to result in the building receiving a violation, not the individual unit-owner, leaving the building, rather than the board member, with the responsiblity for rectifying the situation though the owner may be backcharged for the fine..

When litigating quality of life issues, such as noise, odors or vermin, several things are important. Have more than one complainant; have the complaints in writing, have them documented over a period of time and have the complainants willing to go to court to testify as the courts will respect a personal appearance over signed affidavits and letters. "

Hope this helps!