House Rules: Disobey Them At Your Own Risk

Dec. 24, 2015 — You’re a pianist and a piano teacher. The co-op you’ve been living in for the past four years has a house rule that allows you to play – and teach – the piano until 10 p.m. Suddenly the board changes the cutoff time to 9 p.m. – and, for good measure, forbids shareholders from conducting business, including piano lessons, in their apartments after 5 p.m. Do you have to obey this new house rule?

Unfortunately, you do. When you buy into a co-op, you agree to abide by the proprietary lease and the house rules, and most boards have the power to amend house rules. All shareholders are bound by new rules, even if they’re more restrictive, real estate lawyer David L. Berkey tells The New York Times’ Ask Real Estate column. So even though it affects your livelihood, you have to obey the new rules.

It gets worse. Commercial noise – including the sweet music of a novice piano student – is regulated by the noise code 24 hours a day. A neighbor could call 311 at any time and file a noise complaint. If an inspector issues a violation, the fine for  first offense from a commercial establishment is usually a staggering $3,200. 
Berkey suggests that you try to work out an agreement with the co-op board and the neighbor. You might consider soundproofing your apartment. It’s cheaper than breaking the house rules.