REVISED HOUSE RULE #5 ADOPTED MAY 9, 1995
(ANNEX TO EXISTING HOUSE RULES)
That Article (5) of the House Rules is deleted in its entirety and the following is substituted in lieu thereof:
(5).1. Subject to the provisions hereof, no Lessee shall make or permit any disturbing noises in the building or do or permit anything to be done therein which will interfere with the rights, comfort or convenience of other Lessees.
(5).2. No Lessee shall play upon or suffer to be played upon any musical instrument or permit to be operated a Sound Machine (as defined in the following sentence) except during the following hours:
Monday through Thursday, 9:00 A.M. through 9:00 P.M.,
Friday 9:00 A.M. through 10:00 P.M.
Saturday, noon through 10:00 P.M.
Sunday, noon through 10:00 P.M.
Legal Holidays, noon through 9:00 P.M.
If such musical instrument or Sound Machine shall disturb other occupants of the building. A "Sound Machine" is collectively defined as follows:
(5).2.1. Phonograph, radio, television, video tape player, -audio tape player, CD player, or computer; or
(5).2.2. Any electronic or mechanical device with or without a loud speaker which is designed to reproduce or amplify sound; or
(5).2.3. Any other device or appliance that makes noise, even if making noise is not its primary purpose.
(5).3. An apartment which was created by combining one or more apartments shall be considered one apartment for the purposes of this House Rule #5.
(5).4. Anything contained in this House Rule #5 to the contrary notwithstanding, this House Rule shall not be deemed to prevent a Lessee from operating one or multiple musical instruments or Sound Machines simultaneously if by nature and design 100% of the noise remains contained in the apartment from which such noise emanates. Such containment measures may include but shall not be limited to the use of headphones or acoustical installations.
(5).5 Notwithstanding anything to the contrary (except as provided in paragraph (5).4. above), in no event shall more than one musical instrument or Sound Machine be operated in any one apartment at one time.
(5).6. If a Lessee advises the Board in writing that such Lessee is being disturbed by noise emanating from another apartment, then the Board shall attempt to mediate the dispute, if any. If the mediation fails, the complaining Lessee may hire an engineer to measure the alleged noise heard in the complaining Lessee's apartment. Costs of the engineer shall be at the complaining Lessee's expense, except if the Board, in its sole discretion, elects to reimburse the complaining Lessee. Reimbursement of such fees is contingent upon the Board's determination of the following factors, in addition to such other factors as the Board may deem relevant:
(5).6.1. that these House Rules have been violated;
(5).6.2. that mediation has failed; and
(5).6.3. further legal action is necessary to resolve the dispute.
The Board may then take such legal action, which, in its sole opinion, it deems most appropriate.
(5).7. No construction or repair work or other installation involving noise shall be conducted in any apartment except on weekdays (not including legal holidays) and only between the hours of 9:00 A.M. and 6:00 P.M., except if specifically authorized in advance in writing by the Board.
(5).8. If any provision, paragraph, or subparagraph of this Rule is adjudged by any court of law to be void or unenforceable, in whole or part, such adjudication shall not be deemed to affect the validity of the remainder of the Rule, including any other provision, paragraph, and subparagraph. Each provision, paragraph, and subparagraph of this Rule is declared to be separable from every other provision, paragraph, and subparagraph and constitutes a separate and distinct rule.