Q&A: Dealing with a Disruptive Tenant

Q. I have written several complaint letters to the board and the managing agent regarding a noisy neighbor. They did send a letter to the shareholders about a year ago, but the problem persists, and although I continue to write letters, nothing is being done. What is my recourse? Do I file against the board for not acting on my behalf? Thank you in advance for your response to this. It really affects quality of life.

                                      —Seeking Quiet

A. “If you are in a co-op, which you do not specify, the answer is controlled by the stockholders proprietary lease for the corporation and the rules and regs,” says Chicago attorney Sima L. Kirsch of the Law Firm of Sima L. Kirsch, P.C. ”Without the ability to review these documents it is difficult to say whether the board needs to see the incident through to the end or if the one letter fulfills the board’s obligation. The answer is not based on a general concept but specific provisions in the governing documents. The same is true for a condo or HOA: the answer lies in their governing documents. If this neighbor is making noise before or after the permissible noise hours set by your city/village/township and if you can’t get board involvement, you can call the police.” 

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