can I sue the co-op board for not taking action?

[alexjwestin]

What is the name of your state (only U.S. law)? New York, NY

I have been complaining about the noise from my upstairs neighbor for 3 years. In 2010, the board finally agreed to meet with us. It went no where. In 2011, the board gave them a modest fine of $300, as per the house rules, which they still have not paid. In 2012, I got on the board and the noise stopped for like 6 months. I have been complaining about it again.

Last night I got frustrated and banged on the ceiling. The guy came down and jabbed his finger in my face and made veiled threats against me. I sent 4 emails to the other board members but they remain unanswered.

Whenever we get a noise complaint, they just ignore it.

Can I sue them for not performing their duty and enforcing the rules?

 

[OHRoadwarrior]

What is the "house rule" you are referring to?

 

[alexjwestin]

What is the "house rule" you are referring to?

The rules state there are fines for noise - they only fined them once in three years and they haven't bothered to collect. There must be wall-to-wall carpeting in all rooms except kitchen and bathroom.

 

[OHRoadwarrior]

You do realize absent prescribed decibel levels, metered testing by the board and firsthand knowledge of the violation, there is little they can do to enforce this?

The rules state there are fines for noise - they only fined them once in three years and they haven't bothered to collect. There must be wall-to-wall carpeting in all rooms except kitchen and bathroom.