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Old 12-13-2016, 07:52 PM
 
14 posts, read 9,390 times
Reputation: 19

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I have a neighbor from hell living below me who is constantly complaining to the board about our toddler making too much noise. I would just ignore her but she and her mother are on the coop board. They have ordered the management company to inspect our unit on no less than 10 occasions over the span of 2 years. Right now, my unit is more than 90 percent covered with carpeting/rugs with padding. (The house rule is to cover 75 percent of the unit) We are in compliance with the house carpeting rule but still the downstairs neighbor complains about the noise that my toddler makes. The last time the managing agent came to inspect the unit (yet again), he recommended that we get thicker padding for the rugs. The house rule does not even say that padding is required under the rugs but they (managing company) insisted that in order for compliance, we need to get padding. Hoping to end the complaints I got the padding a year ago. Now they recommend that I get thicker padding... they are working as a team (the board and the managing company) to bully me into teaching my 2 year old son to walk on his tip toes. What are my options here? I am 100 percent sure that even if I get thicker padding they will keep complaining as long as my son does what toddlers do which is to at times run and jump inspite of us telling him not to. (mind you this would be during the day time not like 12pm at night)

I feel like they are totally being ridiculous but I have very little recourse to stand up for myself.
What are my options here? Can I sue the coop board for harassment? Ignore the board and managing agent? What about if I decide to move and sell? Can they be vindictive towards me and reject a potential buyer without reason?
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Old 12-13-2016, 08:07 PM
Status: "I am in preparation mode!" (set 5 days ago)
 
5,514 posts, read 5,496,825 times
Reputation: 4210
I am sorry but I will have to side with your downstairs neighbor. I think people with kids should be restricted to first floor apartments. I recall when I lived below my landlord that it sucked when her grandkids came over. It is the reason why I choose to live on top floor apartments especially garden style apartments. Unfortunately, many apartments are not made well. I commend the board for actually doing something about it. Many people with kids have no regard for others. Is your neighbor making any noise to disturb you?
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Old 12-13-2016, 08:38 PM
 
Location: New York, NY
1,694 posts, read 1,072,964 times
Reputation: 2034
We had a toddler above us for two years and it was hell on earth. STOMP STOMP STOMP STOMP STOMP CRASH. STOMP STOMP STOMP STOMP STOMP STOMP CRASH! BOOM BOOM BOOM BOOM BOOM. *toys fall over*.

I still remember the day they moved out. We had a party.

But I understand. Just try to keep the kid calm. I highly recommend taking him out to the playground as often as possible. The people above us NEVER freakin' left their apartment. You are doing what you can.
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Old 12-13-2016, 08:50 PM
 
995 posts, read 719,730 times
Reputation: 1348
Thanks for reminding me why I never bought a co-op

Op invest in some interlocking foam floor tiles for your child's play area and only let your child run freely wherever you have these tiles installed

https://www.foamtiles.com/tiles/12-r...oft-tiles.html

Otherwise start thinking of moving to a ground floor unit somewhere.
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Old 12-13-2016, 10:28 PM
 
5,676 posts, read 5,154,796 times
Reputation: 3818
Tooncesdrvcat, how big is the 1 apartment? 1 bedroom? 2 bedroom?

Do you make sure your child is either in their socks or barefoot and no shoes on in the house?

The issue is people never realize just how loud noise can be from above. The guy above me walks so hard it shakes my tables, lamps, even my bed. Maybe one day when you child is running around like crazy one of you can go downstairs and take a listen.

The lady below me told me that before I lived in my apt a couple and a toddler lived here. It was so bad they made them get wall to wall carpeting and it still didn't help much. Poor woman was miserable. She was so happy when they moved out and I moved in. Anyway point being from this story and above responses, I don't think your downstairs neighbor is a neighbor from hell. I think they are like many people.
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Old 12-13-2016, 10:35 PM
 
2,917 posts, read 1,184,883 times
Reputation: 3251
You need to remind the Board of a few things,

You are a Shareholder in the co op as well, and they should expect the possibility of children living in the apartments ! Make a cross complaint if you must. Complain that your neighbors are making frivolous complaints . They do need to prove the complaint don't they?

You have complied with their rules, and 10 visits is extreme! Tell them to not come to your door anymore, this is harassing behavior. The Managing Agency gets paid by you don't they?

Your downstairs neighbor , should lighten up! we were all young at one point in our lives.

What are they doing down there anyways, reading books all day?!!

And finally, there is clearly a conflict of interest, the complainer is on the Board as well ,2 Board members? I am sure they are specifically pushing the extra special attention you are getting.

You have done enough. Do no more , when that manager comes to your door again, tell him he/she is being a pain in the ----. create a scene if you have to. Push back!

Do you have other neighbors with small children, if so speak with them about your issue. You never know if one of them sit on the Board, or if they might have gone through the same thing.

Document what you have done to the apartment to comply with the rules. Pictures, receipts,videos. If it ever goes to Arbitration or Court, they will look bad. Does your contract have a clause for Arbitrating these issues ? If so start a Hearing now, and do no more.

You can write to the Board, return address receipt from the post office. Explain your case, explain what you have done, and advise them you have done enough, and will do no more. It wont cost to o much to have an Attorney write a Letter for you, Maybe $200 max.

Don't be intimidated or afraid of causing waves, water is being splashed on your family's face already. This is your home , don't let them push you around.
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Old 12-13-2016, 10:43 PM
 
9,952 posts, read 8,441,593 times
Reputation: 5826
The OP needs to talk to a lawyer that deals with coops/condos, and likely write the board a letter claiming harassment and threatening to sue. This will at least make the board be more careful.
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Old 12-14-2016, 07:12 AM
 
14 posts, read 9,390 times
Reputation: 19
Just to answer some of the questions above, we take off our shoes when in the apartment. Also, like I said before, close to 95 percent of our unit is covered by carpet/rug and padding. We also have a play area for the child covered by the children play mats (2 layers!) that was suggested above. Bedrooms are wall to wall carpeting. We took away certain toys (like hard objects) that may make too much noise. We also tell our baby to stop when he starts running around. But boys will be boys and he does any way sometimes.

These neighbors downstairs came up to knock on our door when our baby was starting to crawl complaining that he was making too much noise. This was on carpeted floor. They also came to our door complaining that our baby was crying at 11pm and keeping their baby awake. They also complained to managing company that our AC was leaking on top or their AC unit.

I understand that having a toddler live upstairs can be a nuances and I would much prefer to have an older couple living upstairs than a young couple with a toddler. But this is life in the city, isn't it? I used to live in a condo where a toddler living upstairs jumped and ran around at times. And they did not have any covering on the hardwood floors. Did it bother me? Yes? Did I do anything about it? No. I just accepted that as part of apartment living in NYC. Their AC also leaked on top of mine. What did I do? I put padding on top of my AC and problem solved.

This is what really upset me about Coops. And had I known this, I would never have bought one. It's the issue of conflict of interest. The board decides which managing company to hire. So in a sense managing companies work for the coop board. When there is a dispute between a coop shareholder and a coop board member (president in this case), the shareholder (me) is getting screwed and bullied. The board simply has too much power and a regular joe shareholder has too little especially when a dispute arises between the two. My coop also has a clause where if a board member sues the coop and loses, the board member has to foot the coop's legal fees. We are not combative people and just want to get along but we are getting persecuted for having a toddler live above a board member.
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Old 12-14-2016, 08:38 AM
 
Location: New York City
7,125 posts, read 5,496,520 times
Reputation: 4875
IMO this is fundamentally a problem with building construction. It might make more sense to tear up the neighbor's ceiling and completely brace & insulate the barrier between them and you. It's not as expensive as you might think
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Old 12-14-2016, 08:42 AM
 
4,911 posts, read 5,522,333 times
Reputation: 7132
I'd ignore the board and management and threaten them with a harassment suit if they continue. If the person beneath you wants total peace and quiet, they should have bought their own house or NOT buy a unit where people can move in above them.

You've done your part to try and rectify the issue by adding carpeting. If they want you to add padding, then they should foot the bill.
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