"You should therefore begin with a call to 311 and request an inspection by the DEP of both your unit and the boiler room to test sound and vibration levels and observe the operation and construction of the new boiler," he adds. "Perhaps the condition in the apartment can be abated by violations issued on the basis of such an inspection. If that approach does not work, you can consider either litigation or Alternative Dispute Resolution (ADR) methods like arbitration or mediation. ADR is a purely voluntary process; no party to a dispute can be compelled to engage in ADR to resolve the controversy. So, unless the condominium agrees to enter into ADR, you may be forced to litigate if you wish to pursue any claim against the condominium. (If the condominium bylaws contain a compulsory Arbitration or Mediation provision, that would satisfy the requirement of an agreement between the parties and mandate the use of ADR.)"
Bruce concludes, "Whether you engage in ADR or litigation, you would be well advised to hire an acoustical engineer to scientifically document the existence and magnitude of the noise and vibration in your apartment and trace its source to the boiler. Such documentation by a licensed professional would maximize your prospects for success against the condominium."