Subject to the provisions hereof, no Lessee or sublessee shall make or make shall make or permit any disturbing noises in the building, including but not limited to in the building’s outdoor common areas, or do or permit anything to be done therein which will interfere with the rights, comfort or convenience of other Lessees.
No Lessee or sublessee shall play upon or suffer to be played upon any musical instrument, or permit to be operated, a Sound Machine (as defined below) if such musical instrument or Sound Machine shall unreasonably disturb other occupants of the building. It is within the Board’s discretion to determine whether the noise at issue is unreasonable.
A "Sound Machine" is collectively defined as follows:
• Phonograph, radio, television, video tape player, DVD or Blu-Ray player, streaming device, phone, tablet, speaker, audio tape player, CD player, computer, or any other type of audio player; or
• Any electronic or mechanical device with or without a loud speaker which is designed to reproduce or amplify sound; or
• Any other device or appliance that makes noise, even if making noise is not its primary purpose.
The hours listed below are designated as Quiet Hours where noise emanating from apartments should be lower than daytime hours and no playing of musical instruments is allowed:
• Monday through Thursday, 9:00 P.M. through 9:00 A.M. the following morning,
• Friday 10:00 P.M. through Saturday at noon.
• Saturday 10:00 P.M through Sunday at noon.
• Sunday 9:00 P.M. until Monday at 9:00 A.M.
• Legal Holidays, before noon.
Lessees should first try to resolve noise related issues directly with the resident of the apartment where the noise is believed to be emanating from and if the disturbance continues, the Lessee should advise the Board in writing that such Lessee is being disturbed by noise emanating from another apartment. Once the Board is notified, 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:
• that these House Rules have been violated;
• that mediation has failed; and
• 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.
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 5:00 P.M., except if specifically authorized in advance in writing by the Board.