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Our 200 unit co-op has a ground level parking garage and recently the tenant who lives directly above it, who is not a shareholder, has made a complaint to management that the door mechanism can be heard loudly in his apartment every time the a car goes in an out. It is loud and is a nuisance. Can this constitute a breach to the right of quiet enjoyment a tenant has within their apartment. This is the first we've heard about the noise in all the years he's resided there. It is a sponsor-owned apartment. Whose responsibility is it to investigate this complaint and does it need to be remedied now if it has been noisy for many years? Does the co-op have an obligation to muffle/attenuate the noise or is it the sponsor? Thanks.
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Why are you surprised that the garage door now starts making noise? Don't you know a wonderful phrase called "mechanical failure"? Similarly, remember the movie "My Greek Wedding" and the use of Windex? Well, I bought the super and the porter a separate can of "10-40" or 3-in-1 oil. It works wonders on hinges and in Dracula's castle!
So... the lesson is the door belongs to the co-op; it is becoming noisy and requires some tender care.
No matter who lives above, there is a shareholder or a sponsor paying the amount of maintenance required to live there. It is not a favor or hand-me down. So, no matter how much you like or dislike the person is entitle to service.
The co-op is responsible and no two ways to escape responsibility!
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