Skip to main content
Fulltext search
FILTER RESULTS BY:
RECOMMENDED IN RENT
Moving to NYC after college? Here's how to find a rental apartment
RECOMMENDED IN BUY
How buying real estate in NYC is unlike anywhere else
RECOMMENDED IN SELL
A guide to using a no-fee renovation loan from a NYC real estate firm
RECOMMENDED IN IMPROVE
How to make your NYC renovation more pet-friendly
Brick Underground BRICK UNDERGROUND
BRICK UNDERGROUND
BOARDS & BUILDINGS
  • Buy
    • Buy
    • The Market
    • Investing
    • New Construction + Condos
    • Affordable Housing
    • Co-ops
    • Negotiating + Financing
    • How to Buy in NYC Guide
    A rendering of the roofdeck at 55 Broad Street.
    Rent
    Housing lottery launches for 143 apartments in the Financial District
    Aerial panoramic view of Red Hook, Staten Island, Brooklyn, and Verrazano-Narrows Bridge
    Sales Market
    24 NYC neighborhoods where median prices more than doubled in the past decade
    431 West 54th Street is a co-op building that allows subletting.
    Investing
    Want to buy an investment apartment to rent out? Here's what you need to know
  • Rent
    • Rent
    • Affordable Housing
    • Roommates + Landlords
    • The Market
    • The Search
    • How to Rent in NYC Guide
    Young woman using laptop at new apartment, with moving boxes around.
    Roommates + Landlords
    Didn't get your security deposit returned in NYC? A new chatbot can help
    A rendering of the six-story building in Park Slope.
    Affordable Housing
    Housing lottery launches for 45 rent-stabilized units in Park Slope
    Laura and her dog Jack
    Rent
    Why I moved to NYC from Brazil: I relocated for work and reunited with friends I made 15 years ago
  • Sell
    • Sell
    • Staging + Open Houses
    • Negotiations + Closings
    • Getting Ready
    • How to Sell in NYC Guide
    Aerial view of downtown Brooklyn
    Sell
    Median sales price in Brooklyn climbs to $995,000 in the second quarter
    Downtown New York City
    Sell
    Manhattan deals rose to highest level in nearly two years, defying national trends
    new condo building and older co-op buildings in Prospect Heights, Brooklyn
    Sell
    Brooklyn median price nears $1 million but the spring market is a question mark
  • Live
    • Live
    • Neighbors
    • Kids + Pets
    • Neighborhood Intel
    • Products + Test-drives
    • Troubleshooting
    FlatRate moving brick underground
    Live
    How to troubleshoot your move in advance
    Sponsored By flatrate
    Distressed woman sitting in her apartment
    Troubleshooting
    Ask Altagracia: My live-in partner is abusive. How can I get out of my lease?
    Sponsored By Outerbridge Law P.C.
    NYC apartment buildings with fire escapes
    Neighborhood Intel
    Can you sit on a fire escape in NYC? 5 things to know
  • Improve
    • Improve
    • Small Spaces
    • Small Projects + DIY
    • Renovations
    • Design + Architecture
    • Products + Services
    • How to Renovate in NYC Guide
    mini splits apartments new york city
    Products + Services
    Yes, you can install central AC in your co-op or condo unit. Here's how
    image
    Products + Services
    Take back your deck! How to win the war with mosquitoes and enjoy outdoor living again
    NYC apartment building with AC units
    Products + Services
    My neighbor's dripping AC is driving me crazy. What can I do?
  • Boards & Buildings
    • Boards & Buildings
    • Boards
    • Finance
    • Insurance
    • Legal
    • Property Management
    • Structure & Systems
    • Sustainability
    Burned and Boarded Up Windows
    When should your board hire a public adjuster?
    Manhattan GM
    What should we consider when renewing insurance for our building?
    Facade of NYC buildings
    How much is insurance on a NYC co-op or condo building?
  • Advertise
    • Advertise with us
    • Sponsored Content
    • Experts
    FlatRate moving brick underground
    Live
    How to troubleshoot your move in advance
    Sponsored By flatrate
    Distressed woman sitting in her apartment
    Troubleshooting
    Ask Altagracia: My live-in partner is abusive. How can I get out of my lease?
    Sponsored By Outerbridge Law P.C.
    Building facades in New York in winter
    Roommates + Landlords
    Ask Altagracia: I withheld rent due to inadequate heat and I'm being hassled to pay it back. What should I do?
    Sponsored By Outerbridge Law P.C.
  • Brick Report
  • About Us
  • About Us
Social Links
follow:
  • Facebook
  • Twitter
  • Instagram
  • Flipboard
  • search
☰
Fulltext search
FILTER RESULTS BY:
New Main menu
  • Buy
    • Buy
    • The Market
    • Investing
    • New Construction + Condos
    • Affordable Housing
    • Co-ops
    • Negotiating + Financing
    • How to Buy in NYC Guide
  • Rent
    • Rent
    • Affordable Housing
    • Roommates + Landlords
    • The Market
    • The Search
    • How to Rent in NYC Guide
  • Sell
    • Sell
    • Staging + Open Houses
    • Negotiations + Closings
    • Getting Ready
    • How to Sell in NYC Guide
  • Live
    • Live
    • Neighbors
    • Kids + Pets
    • Neighborhood Intel
    • Products + Test-drives
    • Troubleshooting
  • Improve
    • Improve
    • Small Spaces
    • Small Projects + DIY
    • Renovations
    • Design + Architecture
    • Products + Services
    • How to Renovate in NYC Guide
  • Boards & Buildings
    • Boards & Buildings
    • Boards
    • Finance
    • Insurance
    • Legal
    • Property Management
    • Structure & Systems
    • Sustainability
  • Advertise
    • Advertise with us
    • Sponsored Content
    • Experts
  • Brick Report
  • About Us
    • About Us
    • Advertise
  • About Us
SUBSCRIBE TO OUR NEWSLETTER →
Social Links Footer
  • Facebook
  • Twitter
  • Instagram
  • Search
Boards & Buildings > Community  [ SPONSORED ]

Can our board fine shareholders for making too much noise? If so, how much is appropriate?

image
In partnership with Woods Lonergan PLLC
June 16, 2022 - 12:30PM
image

The house rules will spell out what level of noise constitutes a violation and whether a fine can be imposed.

iStock

Question
Can our board fine shareholders for making too much noise? If so, how much is appropriate?
Answer

“Depending on the house rules in your building—and the proprietary lease if it’s a co-op—your board may be within its rights to fine or take action against residents for excessive noise,” says James Woods, Esq., managing partner at Woods Lonergan PLLC, a Manhattan-based law firm focused on real estate and in particular, buyers, sellers, and cooperative representation.

It’s not uncommon for residents to complain about noisy late night parties, or upstairs neighbors with children roller skating back and forth late at night.

“Noise in an apartment building—and smells for that matter—can be very subjective and it may be difficult to determine the source,” Woods says, but if there are repeated offenses, the board should certainly investigate and take steps to resolve the issue, as the failure to act may expose the board to liability. 

“Most people don’t want to go to court, so once residents understand the consequences of disturbing other people in the building, they are often incentivized to comply with the rules,” Woods says. 

What is too much noise–and what are the consequences?

Ideally the building’s house rules provide clear guidance on what type of conduct or noisy behavior constitutes a violation and whether a fine can be imposed. 

“In a co-op, you should check the provisions in the bylaws and the proprietary lease,” Woods says. The bylaws typically provide whether the board has the authority to fine. A co-op is also governed by the warranty of habitability—requirements ensuring the apartments are safe and livable for all residents—so if the noise is making it unlivable for residents, it may constitute grounds for court action. 

“It’s very possible the bylaws authorize the board to fine residents for violations of the house rules, however the house rules might also be silent on this, in which case the board may want to supplement them so the issue is clearly delineated and there is no confusion for unit owners,” Woods says.

In an effort to limit excessive noise, house rules often state renovation work can only be carried out during certain periods of the weekdays. They might also outline evening cut off times for playing loud music. In addition, there may be rules about soundproofing. 

For example, house rules typically require 80 percent carpeting on the floors to dampen the transfer of noise. 

“If that is the case, a board can inspect apartments for compliance with this rule,” Woods says. 

However, with more New Yorkers working from home or having hybrid work schedules there are still plenty of opportunities for conflicts about noise and other nuisances—like the smell of smoke or marijuana. 

“Assuming there are provisions in the house rules regarding fines for violations, a board or the management will want to send out a warning letter to the resident causing noise or odors. This memorializes the infraction and begins a paper trail, which might be relevant if the complaints do result in court action,” Woods says. 

Proving that noise is unreasonable can be tricky. Sometimes, residents may just simply use their phones to record a video of the noise and where it is coming from. In some instances, they may use professional tests.

Professional noise tests that give a reading in decibels can cost thousands of dollars. In some cases, Woods has seen residents use apps, like Decibel X or Too Noisy Pro, to measure the noise coming from a neighbor’s apartment. While professional noise measurements are typically admissible in court, there’s no guarantee an app measurement will be considered accurate or admissible. 

“The use of these apps, however, could be something we see more of in the future and may indeed be an effective deterrent,” Woods says.

Pro Tip:

The real estate attorneys at Woods Lonergan have decades of experience successfully representing buyers and sellers in every type of transaction. "We mobilize quickly to guide you through every aspect of your purchase or sale, from home inspection to contract negotiations and closing", says managing partner James Woods. To learn more about Woods Lonergan or schedule a free 15 minute consultation, click here of call 212-684-2500

Calculating and imposing a fine 

When considering what size fine your board should impose for noise violations, bear in mind that it shouldn’t be overly burdensome. 

“Courts are reluctant to uphold penalties where the board is simply extracting money from shareholders or owners,” cautions Woods. 

Your board does, however, have a right to cover some administrative costs.  

“It’s a delicate balance—you want to send a message that the action is unacceptable but you don't want to unfairly punish people,” Woods says. 

Typically, an initial fine for a noise violation might be in the range of $150 or $200 depending on the severity of the situation. This would cover the cost of having building management dealing with the issues and writing letters to the residents involved. It would also act as a deterrent for this kind of behavior.  

“It shouldn’t be a fine of several thousand dollars, but if the behavior is repeated or more egregious, the fines could be enhanced,” Woods says. 

If the resident shows willingness to change their behavior, your board might decide to waive the initial fine but explain the penalty will be doubled if the noise violation happens again. Woods says this is a technique that’s been successful in a number of the buildings he represents. 

“The board feels that it has been heard and the resident in effect gets a free pass but understands there will be consequences if it happens again in the future,” Woods says. 

If you take this route and the issue is not resolved, you may face going to court to get a court order to enforce the rights of the other shareholders or apartment owners. In some cases, repeated infractions could even lead to a default under the proprietary lease. 

“It is important to always be familiar with your building’s rules regarding noise and odor violations,” Woods says. 

James Woods is a partner at Woods Lonergan PLLC. representing New York City buyers, sellers, cooperative corporations, landlords, tenants, contractors, developers, and management companies. To submit a question for this column, click here. For a free, 15 minute legal consultation, call 212-684-2500 or send an email.

You Might Also Like

image
Co-ops What do first-time buyers need to know about co-ops?
image
New Construction + Condos What are the advantages of using an LLC to buy a condo in NYC?
image
Negotiations + Closings Is it a good idea to consult a lawyer before finalizing a deal sheet to buy or sell a condo, co-op, or home?

 

In partnership with

image
Woods Lonergan PLLC

Related Articles

image
What do first-time buyers need to know about co-ops?
image
Is it a good idea to consult a lawyer before finalizing a deal sheet to buy or sell a condo, co-op, or home?
image
What are the advantages of using an LLC to buy a condo in NYC?
Woods Lonergan PLLC
image
SHARE
TWEET

Sign Up for our Boards & Buildings Newsletter (Coming Soon!)

Email Address

Thank you for your interest in our newsletter. You have been successfully added to our mailing list and will receive it when it becomes available.

Got a question for us? We'd love to hear!
Brick UndergroundBRICK UNDERGROUNDREAL LIFE. REAL ESTATE. REAL NEW YORK.
Social Links Footer
  • Facebook
  • Twitter
  • Instagram
  • Search
Main menu footer
  • Buy
    • The Market
    • Investing
    • New Construction + Condos
    • Affordable Housing
    • Co-ops
    • Negotiating + Financing
    • How to Buy in NYC Guide
  • Rent
    • Affordable Housing
    • Roommates + Landlords
    • The Market
    • The Search
    • How to Rent in NYC Guide
  • Sell
    • Staging + Open Houses
    • Negotiations + Closings
    • Getting Ready
    • How to Sell in NYC Guide
  • Live
    • Neighbors
    • Kids + Pets
    • Neighborhood Intel
    • Products + Test-drives
    • Troubleshooting
  • Improve
    • Small Spaces
    • Small Projects + DIY
    • Renovations
    • Design + Architecture
    • Products + Services
    • How to Renovate in NYC Guide

Get more news you can actually use...

Email Address

Delivered to your inbox weekly - for free.

*By signing up you agree to receive occasional emails on behalf of our sponsors

Footer Menu
  • About Us
  • Advertise

Copyright 2009-2024 by BND Ventures Inc | Privacy Policy | Terms of Service | Ad Choices | Login