Usage of the ground in an air shaft?

My ground-floor neighbor just removed his window and replaced it with a door in order to access the ground in a completely-enclosed air shaft that rises the 4 floors of the building. All other apartments in the building have windows which face this space for light and air. We're afraid of noise, late-night parties, barbeques, or any other ways in which he and his family (or future owners of his... [more]

My ground-floor neighbor just removed his window and replaced it with a door in order to access the ground in a completely-enclosed air shaft that rises the 4 floors of the building. All other apartments in the building have windows which face this space for light and air. We're afraid of noise, late-night parties, barbeques, or any other ways in which he and his family (or future owners of his unit) could use the space and disturb other owner occupants. He did not get a construction permit or permission from the condo board to do this. Our condo docs clearly state that any owner seeking modification of his unit (let alone modifications which affect the exterior of the building) must get condo board approval. It would not have been granted. However, does anyone know if there are any laws or housing codes or court precedents that discuss usage of the ground area in an air shaft? Ie. Could he have left the window in place and continued to use this area as he wished? Only specific references or links would be helpful to me. I've already searched our city's local building code and nothing is discussed there. I've already discussed with the board president and reached out to the city housing code enforcement office and am waiting to hear from them. [less]