Handling Neighborly Disputes

Insights from Tina Larsson in The New York Times

In Manhattan co-ops, resolving disputes between neighbors can be a delicate process. A recent New York Times article tackled this issue, highlighting a situation where one shareholder’s HVAC installation was causing problems for another. I was honored to contribute my perspective on how to navigate these challenges effectively and amicably.

The Issue at Hand

The article describes a frustrating dilemma: a co-op shareholder discovered that drainage from a neighbor’s HVAC system three floors above was spilling onto their private garden patio. Despite multiple complaints to the board and a call to 311, the issue remained unresolved. This situation illustrates a common challenge in co-op living—balancing personal property rights with shared governance and neighborly relations.

My Advice: Start with Diplomacy

When facing such conflicts, I always recommend starting with a friendly, non-confrontational approach. In the article, I suggested beginning with a conversation: “Be nonthreatening at the start, with something like, ‘You are probably not aware, but…,’ and explain the situation.” Bringing a peace offering, like cookies or a bottle of wine, can also help set a positive tone for the discussion.

Documenting the issue with photos and videos before initiating the conversation is critical. These records provide clarity and can be useful if further action becomes necessary.

When Diplomacy Fails

If your neighbor isn’t responsive, legal action might become unavoidable. The New York Times article underscores the difficulty of pursuing legal claims against co-op boards, which are often protected by the business judgment rule. However, legal action against a neighbor for a contractor’s faulty installation or improper system operation may be more straightforward.

A lawyer’s letter can be an effective first step. Such a letter signals seriousness and may encourage the neighbor to address the problem or involve their homeowner’s insurance, expediting a resolution.

Key Takeaways

This case serves as a reminder of the importance of communication and documentation in resolving disputes. A neighborly conversation can often resolve issues without escalating to costly legal battles. When further action is necessary, working with experienced professionals can make the process smoother and less stressful.

Learn More

Disputes like this are common in NYC co-ops, and handling them effectively requires a mix of diplomacy, documentation, and expert guidance. Read the full New York Times article to explore more about this case and its broader implications.

If you’re facing challenges in your co-op or condo building, Tina Larsson wrote a book on how to build a better community - “Living the High Life” -  and you can download the first chapter for free.