Here we are again, living up to our commitment to responding to questions that have come up several times during client interactions. In this blog, we have moved forward with our series of discussions based on real-time question-and-answer videos published on our YouTube channel, Miletti Law. Specifically, we have responded to a question concerning “how to kick out a neighbor due to noise pollution.” As usual, let us have a scenario as described by one of our clients.

Apparently, this client owns a co-op and would like to know how to kick out their neighbor due to noise pollution.

For starters, noise pollution in the U.S. is prohibited, controlled, and regulated pursuant to the Noise Control Act of 1972. This act was created to eliminate excess noise in the design phase of a wide variety of new consumer products.

Based on the scenario, the client owns a cooperative, which implies that they are a unit holder with shares through a cooperative agreement at a cooperative company. From our point of view, it would be best to start the process of kicking out the neighbour due to noise pollution by going to the board of the coop. It may be more than likely that they have handled such a matter before and, thus, could be able to explain to you how it works, the extent to which they could be involved, what they advocate, and what your rights would be pursuant to the bylaws and the proprietary lease. Most likely, your proprietary lease should include information on how and what to do. This could be the solution in most cases, and you may not need to take any more steps.

Nonetheless, if going to the board proves futile, you could still take the matter to the HOA (homeowners association), which, in addition to maintaining regulations and rules related to restriction and control of noise pollution, managing the appearance of homes, and upkeep of amenities, the organization is also charged with the duty of overseeing how certain residential communities are managed. You may have to cause a ruckus with your neighbour that their noise pollution has become a nuisance and, so, they should stop. If it does not stop, you could also take the matter to a civil court and get an injunction from the judge requiring and forcing the neighbour to stop whatever they are doing that causes the noise pollution.

With that much, feel free to view our video Real Time Q&A – Video # 3 – Noise Pollution, Cooperative Agreement, and get it yourself directly from the horse’s mouth. Otherwise, we are just a call or email away if you need further clarification regarding the information shared in the video and this blog post or require our services!

As we continue dropping knowledge bombs every day, stay tuned for more educative videos, inspiring training, and legal advice. In the interim, if you have any questions or comments, please let us know at the Contact Us page!

Always rising above the bar,

Isaac T.,

Legal Writer, Author, & Publisher.