Coop attorney to handle noise complaints
Started by Charles999
almost 11 years ago
Posts: 1
Member since: May 2014
Discussion about
I have an ongoing noise complaints issue with downstairs neighbor and the management agent. My daughter plays piano between 8:30pm and 9:30pm, but now the management company asked us to stop playing piano after 8:30pm because downstairs neighbor needs to sleep early, though the house rule says don't play musical instruments between 11pm and 8am. While it's not necessary, I decide to install... [more]
I have an ongoing noise complaints issue with downstairs neighbor and the management agent. My daughter plays piano between 8:30pm and 9:30pm, but now the management company asked us to stop playing piano after 8:30pm because downstairs neighbor needs to sleep early, though the house rule says don't play musical instruments between 11pm and 8am. While it's not necessary, I decide to install soundproofing tiles on the wall back to the piano. I also will put caster cups with wool felt disc under the wheels of piano. But the management agent said they will test. If the effect is not that good, they will still ask us not to play after 8:30pm. I think I need some legal advices to deal with the complaints and protect my right to enjoy the coop apartment. Can I simply ignore those complaints after I have tried those measures above? [less]
http://ny.curbed.com/archives/2015/04/23/pianists_upstairs_neighbor_can_make_lots_of_noise_too.php
I would just have your daughter practice between 7:30 and 8:30. Your soundproofing techniques are not going to block the noise. My daughter practice both violin and piano and we had a soundproofing specialist give us advice when we realized a couple was moving in downstairs with a new baby. (Person who traveled extensively and kept late hours lived there before, so no noise issue.)
I know it's not the same, depending on your daughter's proficiency, but maybe an electronic keyboard and headphones? She can use the real piano early and then switch later.
I think it's pretty inconsiderate to allow your daughter to play the piano that late and to disturb your neighbors! You sound like a litigious, inconsiderate neighbor and one who is teaching your daughter that it is ok to treat others this way. We all have to exist on this world, so I suggest either you have your daughter stop the noise after 8:30 (which I would never tolerate even that late) or move to a house where you have no neighbors - out of NYC!
The co-op rules the roost, but it must comply with the law. Musicians enjoy protections in NYC. Call 311 and ask to be put in touch with the right person, and if that doesn't work, contact the musician's union. They deal with this often.
That said--my Kawai piano has a practice pedal. This is a pedal that controls a strip of felt that drops down onto the strings and makes the sound much, much quieter. Unless said musician is a professional level player, practicing this way at least some of the time should be fine.
Agree with flutistic. There are practice equipments available , also for drums.
What exactly do you expect an attorney to do? What do you hope to accomplish? It is not at all unreasonable for the downstairs neighbor to expect to peaceful enjoyment of his home rather than being subject to the cacophony of a kid upstairs banging on a piano for an hour every evening. What if the tables were turned and an upstairs neighbor were routinely making such a racket that you and your family could not go to sleep?
Lawsuits between shareholders are extremely ugly and really should be avoided at all costs if possible. Keep in mind that your co-op board may decide to revisit and change the house rule regarding musical instrument playing to accommodate this very valid complaint from your neighbor.
Rather than going to the expense and hassle of taking legal action why not have your daughter practice earlier?
These are inconsiderate, arrogate people. The coop can move to force them to cease and desist or get out.