Legal Question in Civil Litigation in New Jersey
I live in a high rise condominium building in new jersey and have a problem with our General Manager. About 3 years ago, she had a very expensive computerized emergency system installed in our building. It includes speaker units in our bedrooms so that in case of emergency, firemen, police, etc. can speak to us directly in our individual units and tell us what is going on and exactly what to do during an actual emergency.
Unfortunately, the General Manager likes to use the speaker system as a public address system. She makes announcements about bad weather, to inform or give status of sick employees and residents, to announce cleaning of hallway carpets, disinfecting of trash shutes, pool closings, to solicit attendance for politicians that she invites to our all purpose room, to provide information on flu shots, etc etc etc. Please note that we have a "house" channel on our television where any announcement can be posted and seen 24 hrs and several bulletin boards as well. I have confronted her about her use of the system for these numerous non-emergency situations and told her that it is really an invasion of our privacy when she uses the speaker system for something other than a true emergency. Her response was that she will use it for whatever she wants! This is awful because you could be sleeping, sick, have company, etc....she just doesn't care and this has gone on for over three years now.
Is this a violation of my privacy rights, like some type of verbal trespassing? Can I give her or our Board of Trustees written notice that she is violating my privacy rights and file a civil claim against her or our Board of Trustees if this continues?
2 Answers from Attorneys
This does not rise to the level of a constitutional violation under the first amendment. Your proper course of action would be the removal of the speakers from your unit and perhaps an action for an injunction against the board for nuisance in the case of the non-emergency announcements in the hallways.
Your entitlement to the quiet enjoyment of your premises is being violated. Write that letter
invoking your right, by certified mail, and advising that the failure to cease and desist within three days will result in a lawsuit.
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