What is the name of your state?What is the name of your state? new york
we live in a co-op building. current board pres. is on the board for 4 years, resides in the same co-op, is also a licensed realtor. regarding conflicts of interest since he became co-op pres. he also handles co-op sales owners selling their co-op apts., and either he, his wife (also a realtor), or his real estate assistant show the empty co-op apts., to prospective buyers. he sold the co-op owner above me her apt. & she allowed her sub contractors to blast their stereo radio with subwoofers & doing heavy jackhammering & other renovations for over a 4 week period which caused us great suffering. this co-op owner was informed that she had to respect and abide by all co-op by laws, & the by laws for renovating clearly states renovations from 9:00 am thru 5:00 pm, monday thru friday, no weekends or holidays and no exceptions. she still allowed her subcontractors to renovate from 8:00 am taking 2 breaks & resuming heavy renovations including jackhammering renovations, which continuing well past 12:30 am the following morning. this went on for 2 weeks so i called the sales/building manager and complained and it still continued. after a total of 4 weeks my elderly husband and i were suffering from sleep deprivation, anxiety, higher than normal elevation rise in blood pressure, cardiac arythmia, nervousness, anxiety, & depression, so we went upstairs many times and they refused to acknowledge and open the door but continued their illegal hours jackhammering & renovations. we personally paid the co-op pres. a visit at 12:15 am and pleaded & asked him since he sold her the co-op apt would he please go to her and make her stop the illegal hour renovations because we could not sleep and my husband had to rise at 3:30 to prepare for work. i respectfully reminded him of the illegal hours noise renovations by laws, and also ny noise ordinance laws which prohibit unacceptable noise from 11:00 pm thru 8:00 am, and additoinally the laws which clearly state the landlord must ensure that everyone in the cooperative whether co-op owner, co-op renter or rent stabilized resident all have the same legal rights to habitability and quiet enjoyment of their apartments. in order for this to be accomplished all the by laws including carpeting of 80% with padding excluding kitchen and bathroom, and noise by laws must be adhered to. the board pres. screamed at us and told us for disturbring him we would be extremely sorry. we viewed this as a threat and to date he has kept true to his word. for the past 11 months this upstairs co-op owner now retired and very energetic when in her apartment and active makes unacceptable noise, and not the normal noise expected in order to live and enjoy one's apartment. almost nightly she also comes in after 11:00 pm and does her housekeeping until well past 4:00 am. dropping heavy items unexpectedly on the floor, banging items, opens and slams drawers, closet doors, kitchen cabinets, terrace door, drags heavy kitchen chairs across the bare floor whenever siting & rising. runs water, walks on uncarpeted parquet flooring with heavy footwear also including heavy heeled slippers, which is deafening and only magnifys every irritating step she takes throughout her apt. she denies making any noise even with her tv blasting at full volume when confronted looks at us and neighbors and states her tv is not loud, and she admits at 2:30, 4:00 and 4:30 am that she is doing her housecleaning, states its her apartment & she will do as she pleases. i, my husband, others asked repeatedly ask stop but she continues. as a result my husband has developed a cardiac condition, excessive high blood pressure as well as anxiety, sleep deprivation, nervousness, depression, and i too suffer many of his symptoms all due to this upstairs co-op owner's refulsal to obey the no noise ny laws and co-op by laws. many nights for the past 11 months we have suffered this and quite a few times went to sleep by a friend who took pity on us. this began february 13th 2005 when she retired earlier than usual age and continues to date. as of last novemeber 2005 again we were kept awake from 11 pm thru 4:30 am while she did her housecleaning until we could not longer stand it & yelled for her to get quiet sole slippers, and go to sleep and not do her late night early monring housecleaning anymore as she was breaking the law & co-op bylaws. as a result she continued & my husband left for work at 4:30 am without any sleep whatsoever, fell on the job when his feet accidently became entangled amidst boxes and he suffered 2 broken ribs as a result of sleep deprivation. i have sent the co-op attorney, co-op manager many letters via registered mail with return receipt requested since last february and to date, which included our cover letters voicing our concerns, various by law violations complaints regarding the ever present and continuing by law noise health endangerment violations and violation of ny state unacceptable noise pollution laws, and also included written medical documentation attached where physicians and cardiologists implored the cooperative and board of directors to intervien and put an end to this insufferable after 11 pm thru early morning law breaking houscleaning since if it is allowed to continue they fear my husband's higher than usual uncontrollable even with medications elevated blood pressure and his cardiac arthymia condition could/will suffer a stroke or heart attack resulting in his loss of life. to date the sales/building sales manager tells us via phone for 11 months is "IT IS IN THE HANDS OF THE BOARD AND SHE LAUGHED WHEN I ASKED HER IF SHE THINKS ITS HUMANE TO ALLOW MY HUSBAND'S LIFE TO REMAIN ENDANGERED DUE TO NO ACTION WHATSOEVER BY THE BOARD OF DIRECTORS".... we will never receive anything in writing because the bldg. mgr. lies and says that they can no longer enforce the 80% carpeting with padding by laws because some people are allergic, to which i ralways reply then all 15 floors of common corridor wall to wall carpeting must also be removed not to cause anyone any alergic reactions. i asked for a copy of the enforceable current by laws since there have been a few additions to them since we purchased our cooperative and this same mgr. replied "the by laws are the same as they were when you purchased your co-op.when i pressed her as to why the 80% carpet with padding in livingroom and bedroom and noise violation by laws were not being enforced all she constantly replies is "IT'S IN THE HANDS OF THE BOARD". neighbors said don't call the police because once we did it would become a police matter and the co-op and board members would absolve themselves of all legal responsibility, but i don't understand since it is the landlords legal obligation to ensure all building residents have their legal rights to habitability and quiet enjoyment of their apartments fully enforced. the landlord is aware of these issues but continues to remain unresponsive and totally silent.what i am asking is by the president of the board also selling cooperative apartments and then refusing to expediently address and resolve cooperative life endangerment nosie pollution violations isn't he doing something illegal because i veiw this as a conflict of interest and negligence as well as harrassment since he refuses to address and resolve this and is prejudiced because he sold her the cooperative apartment upstairs from me, and is keeping true to his word that I would be sorry? are cooperative board presidents or any members of a cooperative board allowed by law to be seated on the board and still initiate and handle real estate transactions sales from the same cooperative where the reside and serve on the board of directors whether they receive commissions or not?. isn't there board of directors guidelines in the state of n,y, which would prohibit this on the grounds of conflict of interest & ethics, and isn't there also a real estate code of ethics law also prohibiting this? please can you address this somewhat entailed situation and advise what our legal rights are as the co-op meeting is scheduled in a few months but everyone is afraid to talk about the pres of the board also selling co-op apts., and not addressing any by law violations for many while addressing them immediately for residents he likes because we all also view that as favortism and discrimination, and now the sales/building manager is retiring and the president of the board's wife is applying for that position. isn't this another grave conflict of interest since she would report to her boss (the co-op board president also her husband?). i can just picture them seated at dinner discussing who they will enforce the by laws for and who they will not enforce them for. at this point i fear for my husband's life, & our sanity & would greatly appreciate your advisement & suggestions. we are both elderly and on fixed incomes but my husband continues to work so he can get away from the noise she creates whenever she is home and active in her apartment, and i just wish i had a place to go to as well but i don't so i am home all the time suffering in silence. with our limited income its difficult to hire an attorney because they are quoting very high figures to adrdess these issues in a court of law & initiate a lawsuit against the landlord, mgmt, and the board of directors, and we do not have that kind of money. i am sorry this is so long & detailed, but pray you will find it in your heart & forgive us, and hopefully post your advisements, suggestions and kind reply. with that i thank you all for this wonderful free advice cooperative & condo forum board, and wish all of you continued success in 2006
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we live in a co-op building. current board pres. is on the board for 4 years, resides in the same co-op, is also a licensed realtor. regarding conflicts of interest since he became co-op pres. he also handles co-op sales owners selling their co-op apts., and either he, his wife (also a realtor), or his real estate assistant show the empty co-op apts., to prospective buyers. he sold the co-op owner above me her apt. & she allowed her sub contractors to blast their stereo radio with subwoofers & doing heavy jackhammering & other renovations for over a 4 week period which caused us great suffering. this co-op owner was informed that she had to respect and abide by all co-op by laws, & the by laws for renovating clearly states renovations from 9:00 am thru 5:00 pm, monday thru friday, no weekends or holidays and no exceptions. she still allowed her subcontractors to renovate from 8:00 am taking 2 breaks & resuming heavy renovations including jackhammering renovations, which continuing well past 12:30 am the following morning. this went on for 2 weeks so i called the sales/building manager and complained and it still continued. after a total of 4 weeks my elderly husband and i were suffering from sleep deprivation, anxiety, higher than normal elevation rise in blood pressure, cardiac arythmia, nervousness, anxiety, & depression, so we went upstairs many times and they refused to acknowledge and open the door but continued their illegal hours jackhammering & renovations. we personally paid the co-op pres. a visit at 12:15 am and pleaded & asked him since he sold her the co-op apt would he please go to her and make her stop the illegal hour renovations because we could not sleep and my husband had to rise at 3:30 to prepare for work. i respectfully reminded him of the illegal hours noise renovations by laws, and also ny noise ordinance laws which prohibit unacceptable noise from 11:00 pm thru 8:00 am, and additoinally the laws which clearly state the landlord must ensure that everyone in the cooperative whether co-op owner, co-op renter or rent stabilized resident all have the same legal rights to habitability and quiet enjoyment of their apartments. in order for this to be accomplished all the by laws including carpeting of 80% with padding excluding kitchen and bathroom, and noise by laws must be adhered to. the board pres. screamed at us and told us for disturbring him we would be extremely sorry. we viewed this as a threat and to date he has kept true to his word. for the past 11 months this upstairs co-op owner now retired and very energetic when in her apartment and active makes unacceptable noise, and not the normal noise expected in order to live and enjoy one's apartment. almost nightly she also comes in after 11:00 pm and does her housekeeping until well past 4:00 am. dropping heavy items unexpectedly on the floor, banging items, opens and slams drawers, closet doors, kitchen cabinets, terrace door, drags heavy kitchen chairs across the bare floor whenever siting & rising. runs water, walks on uncarpeted parquet flooring with heavy footwear also including heavy heeled slippers, which is deafening and only magnifys every irritating step she takes throughout her apt. she denies making any noise even with her tv blasting at full volume when confronted looks at us and neighbors and states her tv is not loud, and she admits at 2:30, 4:00 and 4:30 am that she is doing her housecleaning, states its her apartment & she will do as she pleases. i, my husband, others asked repeatedly ask stop but she continues. as a result my husband has developed a cardiac condition, excessive high blood pressure as well as anxiety, sleep deprivation, nervousness, depression, and i too suffer many of his symptoms all due to this upstairs co-op owner's refulsal to obey the no noise ny laws and co-op by laws. many nights for the past 11 months we have suffered this and quite a few times went to sleep by a friend who took pity on us. this began february 13th 2005 when she retired earlier than usual age and continues to date. as of last novemeber 2005 again we were kept awake from 11 pm thru 4:30 am while she did her housecleaning until we could not longer stand it & yelled for her to get quiet sole slippers, and go to sleep and not do her late night early monring housecleaning anymore as she was breaking the law & co-op bylaws. as a result she continued & my husband left for work at 4:30 am without any sleep whatsoever, fell on the job when his feet accidently became entangled amidst boxes and he suffered 2 broken ribs as a result of sleep deprivation. i have sent the co-op attorney, co-op manager many letters via registered mail with return receipt requested since last february and to date, which included our cover letters voicing our concerns, various by law violations complaints regarding the ever present and continuing by law noise health endangerment violations and violation of ny state unacceptable noise pollution laws, and also included written medical documentation attached where physicians and cardiologists implored the cooperative and board of directors to intervien and put an end to this insufferable after 11 pm thru early morning law breaking houscleaning since if it is allowed to continue they fear my husband's higher than usual uncontrollable even with medications elevated blood pressure and his cardiac arthymia condition could/will suffer a stroke or heart attack resulting in his loss of life. to date the sales/building sales manager tells us via phone for 11 months is "IT IS IN THE HANDS OF THE BOARD AND SHE LAUGHED WHEN I ASKED HER IF SHE THINKS ITS HUMANE TO ALLOW MY HUSBAND'S LIFE TO REMAIN ENDANGERED DUE TO NO ACTION WHATSOEVER BY THE BOARD OF DIRECTORS".... we will never receive anything in writing because the bldg. mgr. lies and says that they can no longer enforce the 80% carpeting with padding by laws because some people are allergic, to which i ralways reply then all 15 floors of common corridor wall to wall carpeting must also be removed not to cause anyone any alergic reactions. i asked for a copy of the enforceable current by laws since there have been a few additions to them since we purchased our cooperative and this same mgr. replied "the by laws are the same as they were when you purchased your co-op.when i pressed her as to why the 80% carpet with padding in livingroom and bedroom and noise violation by laws were not being enforced all she constantly replies is "IT'S IN THE HANDS OF THE BOARD". neighbors said don't call the police because once we did it would become a police matter and the co-op and board members would absolve themselves of all legal responsibility, but i don't understand since it is the landlords legal obligation to ensure all building residents have their legal rights to habitability and quiet enjoyment of their apartments fully enforced. the landlord is aware of these issues but continues to remain unresponsive and totally silent.what i am asking is by the president of the board also selling cooperative apartments and then refusing to expediently address and resolve cooperative life endangerment nosie pollution violations isn't he doing something illegal because i veiw this as a conflict of interest and negligence as well as harrassment since he refuses to address and resolve this and is prejudiced because he sold her the cooperative apartment upstairs from me, and is keeping true to his word that I would be sorry? are cooperative board presidents or any members of a cooperative board allowed by law to be seated on the board and still initiate and handle real estate transactions sales from the same cooperative where the reside and serve on the board of directors whether they receive commissions or not?. isn't there board of directors guidelines in the state of n,y, which would prohibit this on the grounds of conflict of interest & ethics, and isn't there also a real estate code of ethics law also prohibiting this? please can you address this somewhat entailed situation and advise what our legal rights are as the co-op meeting is scheduled in a few months but everyone is afraid to talk about the pres of the board also selling co-op apts., and not addressing any by law violations for many while addressing them immediately for residents he likes because we all also view that as favortism and discrimination, and now the sales/building manager is retiring and the president of the board's wife is applying for that position. isn't this another grave conflict of interest since she would report to her boss (the co-op board president also her husband?). i can just picture them seated at dinner discussing who they will enforce the by laws for and who they will not enforce them for. at this point i fear for my husband's life, & our sanity & would greatly appreciate your advisement & suggestions. we are both elderly and on fixed incomes but my husband continues to work so he can get away from the noise she creates whenever she is home and active in her apartment, and i just wish i had a place to go to as well but i don't so i am home all the time suffering in silence. with our limited income its difficult to hire an attorney because they are quoting very high figures to adrdess these issues in a court of law & initiate a lawsuit against the landlord, mgmt, and the board of directors, and we do not have that kind of money. i am sorry this is so long & detailed, but pray you will find it in your heart & forgive us, and hopefully post your advisements, suggestions and kind reply. with that i thank you all for this wonderful free advice cooperative & condo forum board, and wish all of you continued success in 2006
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