Noisy Neighbors - NY State

[Becca225]

I just bought a condo in brooklyn, ny and already have a noisy neighbor. I nicely approached him about turning down his surround sound tv and his reply was that it was not loud. But on my side it is loud and all I can hear is the constant base. He has also informed me that he plans on having parties of 30-40 people...so he was preparing me that it could get worse. My heart just sunk. I want to live in peace and quiet and I fear the worst.

Do I have any legal rights as a condo owner in ny state?

 

[You Are Guilty]

Do I have any legal rights as a condo owner in ny state?

Of course. They have to abide by the NYC Noise Code just like everyone else. Call the police if it gets unbearable and its early/late.

Or, this being Brooklyn and all, go down to Sal's Pizzera on the corner, ask for Guiseppe and tell him you need "one kneecap special". Hard to blast your radio from the hospital...

 

[Caslon]

Forget calling the police. As if they have time to respond to a condominium. Right.

A condo association usually requires a witness complaint form signed by you and a condo neighbor.

These days...you don't ever see your condo's neighbors face.

It takes some gumption to seek out another condo owner. Prepare a typewrtitten statement
that states your common concern and place it at neighbors door, along with your self addressed envelope seeking their participation in presenting this "witness complaint" to the condo association. Or...walk up and knock on that door and state your common concern to that potential witness.

What blows my mind is the timid-ness of todays condo dwellers.
They would rather hang in the backround and put up with crap.

Seek them out and you just might find that they can only take so much crap too..
They are just waiting for someone to step forward.
In house noise violations can be somewhat tricky. You really need to pull together with at least one other condo dweller.

Then submit that formal complaint as prescribed (follow procedure). Usually you submit it to the managing company that the HOA hired. If that gets no satisfaction..show up at the HOA monthly meeting with your witness.

 

[You Are Guilty]

Forget calling the police. As if they have time to respond to a condominium. Right.

A condo association usually requires a witness complaint form signed by you and a condo neighbor.

These days...you don't ever see your condo's neighbors face.

It takes some gumption to seek out another condo owner. Prepare a typewrtitten statement
that states your common concern and place it at neighbors door, along with your self addressed envelope seeking their participation in presenting this "witness complaint" to the condo association. Or...walk up and knock on that door and state your common concern to that potential witness.

What blows my mind is the timid-ness of todays condo dwellers.
They would rather hang in the backround and put up with crap.

Seek them out and you just might find that they can only take so much crap too..
They are just waiting for someone to step forward.
In house noise violations can be somewhat tricky. You really need to pull together with at least one other condo dweller.

Then submit that formal complaint as prescribed (follow procedure). Usually you submit it to the managing company that the HOA hired. If that gets no satisfaction..show up at the HOA monthly meeting with your witness.

So you're recommending that the poster expend all this time and energy on a process that you don't even know is valid? Or have you read their CC&Rs already?

 

[Caslon]

He lives in a condo. Condos have general rules. I'm willing to bet that yes, there is some mention in those rules regarding noise. Most condo CCR's have a process to file a complaint.
These are generally the same thruout the US.

Calling the police. That's your safe and not so helpfull a brainiac reply. Obvious stupid.
I've seen lots of your replies...most are bare minimum of help and some are just plain spam.

Call the police...I'm writing that one down now. Great reply. I'm sure he appreciates a forum hanger on like yourself.

 

[You Are Guilty]

He lives in a condo. Condos have general rules. I'm willing to bet that yes, there is some mention in those rules regarding noise. Most condo CCR's have a process to file a complaint.
These are generally the same thruout the US.

Calling the police. That's your safe and not so helpfull a brainiac reply. Obvious stupid.
I've seen lots of your replies...most are bare minimum of help and some are just plain spam.

Call the police...I'm writing that one down now. Great reply. I'm sure he appreciates a forum hanger on like yourself.

Oh good lord. Having now read your reason for coming to this board, I can see why your response struck me as retarded. You keep going on taking pictures of those nasty people blocking your fire lane and leave the actual lawyering (particularly in NY) to me, aight? Caio.

 

[Just Blue]

Oh good lord. Having now read your reason for coming to this board, I can see why your response struck me as retarded. You keep going on taking pictures of those nasty people blocking your fire lane and leave the actual lawyering (particularly in NY) to me, aight? Caio.

Can you imagine having it for a neighbor?

 

[Becca225]

Legal right to Quiet Enjoyment

A neighbor has mentioned that it in ny state there are condo laws which say I have a "right to quiet enjoyment" and the owners can get together to toss out other owners who don't play well in the sandbox. ANyone know if that is true?

 

[You Are Guilty]

A neighbor has mentioned that it in ny state there are condo laws which say I have a "right to quiet enjoyment" and the owners can get together to toss out other owners who don't play well in the sandbox. ANyone know if that is true?

Not exactly. That is, the rule exists, but it's not a "condo law". (You probably do have "condo laws" (CC&Rs) which prohibit excessive noise as well though).

However, you as an owner have no right/power to evict anyone. You dohave the right to sue the offending neighbor for creating a nuisance, as well as the management company/HOA for failing to enforce the CC&Rs (assuming they prohibit the noise).

Or, despite what our crazy friend above thinks, you can call the police, and believe it or not, the police actually will show up. (It's sort of a requirement).

Then, if all esle fails, there's always the 'kneecap special'.

 

[Caslon]

Police have more pressing calls from dispatcher than a condo owner's complaint about a noisy neighbor, believe me. Police are NOT duty bound to respond if there are 20 other dispatcher directives more serious. By the time # 20 comes up on list of dispatcher directed to patrol units...they have been been off duty and in bed for hours.

I offered up what I believe is the correct procedure for most states. He/She can review my reply and take it for what it's worth.

With noise complaints...not actual obvious violations...you need to have another "witness" to collaborate.
That prevents someone making a complaint by him/herself for the sake of being a jerk.

To that end..I posted a reply that states those requirments about noise (in almost every states HOA/CCR documents.)
Also....original poster should read over those HOA/CCR's which are provided to any owner.

I still stand by my original reply post. Follow the procedures described in your HOA/ CCR documents.

Forget calling the cops.

 

[You Are Guilty]

I offered up what I believe is the correct procedure for most states. He/She can review my reply and take it for what it's worth.

Right. Worthless. Got it.

Police have more pressing calls from dispatcher than a condo owner's complaint about a noisy neighbor, believe me. Police are NOT duty bound to respond if there are 20 other dispatcher directives more serious. By the time # 20 comes up on list of dispatcher directed to patrol units...they have been been off duty and in bed for hours.

So you admit you are aware of how say, Patrol Borough Brooklyn South handles noise complaints? And how the mayor's initiative against Quality of Life Crimes has been carried out by the police? Granted, if there are two calls, one for a murder and one for noise, and only one car available, the police do have priorities. But here's the secret - there are a lot more than one police officer available to respond. So, once any "serious crimes in progress" calls are covered, then yes, the police are duty bound to swing by. (I'm going to let you in on a little "secret" - before I graduated law school, I did some work for a little company you might have heard of, the "New York Police Department"? So, unlike you, I do know of what I speak).

With noise complaints...not actual obvious violations...you need to have another "witness" to collaborate. That prevents someone making a complaint by him/herself for the sake of being a jerk. To that end..I posted a reply that states those requirments about noise (in almost every states HOA/CCR documents.) Also....original poster should read over those HOA/CCR's which are provided to any owner.

I thought this was a simple concept, but evidently not. Just because it is in your CC&Rs doesn't mean it is in everyone else's. In fact, NYC CC&Rs are quite atypical in a number of areas due to the sheer number of people that are jammed into such a small space. So, telling someone to follow a procedure when you freely admit you have no clue whether it's necessary or if it will even have any effect, is simply bad advice. (And as you'll notice, the OP was already instructed to read her CC&Rs).

I still stand by my original reply post. Follow the procedures described in your HOA/ CCR documents. Forget calling the cops.

You know, just getting your hair cut doesn't make you a barber. Merely living in a condo in Cucamonga doesn't qualify you to give advice to someone in a Brooklyn condo, (as you've already proven in this thread).

 

[Caslon]

My replies are to be taken at face value. I should have prefaced my advice with that statement.
I still think my advice has some value to someone living in a condo somewhere.
You disecting my reply post is of value too, altho I doubt it's of any use.

 

[Caslon]

Oh good lord. Having now read your reason for coming to this board, I can see why your response struck me as retarded. You keep going on taking pictures of those nasty people blocking your fire lane and leave the actual lawyering (particularly in NY) to me, aight? Caio.

This is a common forum for anyone to share their condo experience, troubles,etc.
My first post struck you as retarded? I thought it was pretty well spelled out.

I DID keep taking pictures and finally the managment company did something about it.
My shared experience might help someone else who vistis forums like those in need of
help, or just for venting.

I didn't need a lawyer doing actual lawyering here. I didn't need you...that's for sure
I'm sure you would have posted your usual one line. "Call the police."

Some of your suggestions are almost overly simplified..as if to suggest...call a lawyer like my$elf.

If I don't get banned here, I shall contiune to particpate in what I consider a usefull forum where concerns are expressed, experiences are shared, and imput is welcome.
Whether or not the above mentioned meet your criteria...I couldn't give a damn.

 

[You Are Guilty]

This is a common forum for anyone to share their condo experience, troubles,etc.
My first post struck you as retarded? I thought it was pretty well spelled out.

I DID keep taking pictures and finally the managment company did something about it.
My shared experience might help someone else who vistis forums like those in need of
help, or just for venting.

I didn't need a lawyer doing actual lawyering here. I didn't need you...that's for sure
I'm sure you would have posted your usual one line. "Call the police."

Some of your suggestions are almost overly simplified..as if to suggest...call a lawyer like my$elf.

If I don't get banned here, I shall contiune to particpate in what I consider a usefull forum where concerns are expressed, experiences are shared, and imput is welcome.
Whether or not the above mentioned meet your criteria...I couldn't give a damn.

Knock yourself out, loverboy. When you graduate law school and get a few years of actual practice under your belt , then, maybe, we'll let you post your drivel in peace. Until then, expect all your future "advice" to be well reviewed.

PS: This is actually a legal advice forum. Perhaps you've gotten it mixed up with www.drphil.com?

 

[Caslon]

Huh? I ask clarification of the term "we."
Speak for yourself...or have a "chime in" back up your 3000 plus posts.
Many of which are one word responces..."Call the police".

Review my posts or reply posts all you want, I don't give a damn.
I'm sure as part of lawyer education, you were taught how to talk ppl into a corner.

My replies to post topics aren't that butt ugly.
With respect...some of yours aren't exaclty stellar..... "Call the police."