When Good Neighbors Go Bad: A Board Director's Guide to Nuisance Claims

Legal Talk for Co-ops and Condos

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Living in close quarters with neighbors who blast music at 3 AM, cook pungent meals, or hoard items can turn apartment living into a nightmare. But when do everyday annoyances cross the line into legal nuisances, and how should co-op and condo boards respond? Stewart Wurtzel, member of Tane Waterman & Wurtzel, offers practical guidance on investigating complaints, understanding legal standards, and protecting both resident rights and building harmony – before matters escalate into lawsuits. Habitat’s Emily Myers conducts the interview.

Key takeaways for board directors:

* The legal threshold for "nuisance" requires persistent, egregious conduct that threatens health, safety, or comfort - not just occasional annoyances. Normal city living sounds like television at regular volume or footsteps are generally not considered unreasonable.

* Boards have a duty to investigate complaints but must balance this obligation carefully. Simply accepting complaints at face value and sending warning letters without investigation can create unnecessary conflicts between residents.

* Documentation is crucial - encourage complainants to maintain detailed logs of disturbances, including timing, frequency, and duration. Multiple complaints from different residents typically carry more weight than isolated complaints.

* When pursuing legal action, boards must ensure complaining residents are willing to testify in court. Without their cooperation, the board risks losing the case and potentially being responsible for the defendant's legal fees.

* Different remedies exist for co-ops versus condos: co-ops can pursue eviction proceedings, while condos must seek injunctive relief through Supreme Court. However, the underlying analysis of what constitutes a nuisance remains largely the same.

The business of running a building is demanding work that requires making endless decisions — some that can quickly lead your board into a quagmire of legal difficulties. Legal Talk interviews New York's leading co-op/condo attorneys to find solutions, and get some guidance, on these challenges. For more co-op and condo insights, sign up to receive Habitat's free newsletters or become a Habitat subscriber today!