Box Out the Noise

I seem to see new CrossFit gyms, or “boxes,” popping up left and right. For those unfamiliar with the CrossFit box’s “ideal” business locale, most  owners look to take up residence in commercial spaces, typically located in industrial parks. One reason these types of spaces draw box owners, is the fact a landlord may be more lenient with respect to noise in an area designed for industrial activity. All you CrossFitters out there know that we’re constantly dropping weights, and there can be a lot of noise and reverberations as a result (no, your grunting really isn’t that loud). While landlord leniency may — in theory — be generally true, it does not necessarily shield box owners from receiving noise and vibration complaints from neighboring businesses.

 

Typically, these issues don’t start out as issues for new box owners. But as membership size and attendance increase, owners can start to rub their neighbors the wrong way (especially if you and your members start chewing into the available parking — a topic for another day). So, what is a box owner to do when hit with neighbor complaints?

1. Look to the Lease:

There are many differences between commercial leases and residential leases. In California, many landlords choose to use “CAR” (California Association of Realtors) forms as either a template for the commercial lease, or the entire lease. However, commercial leases can be — and often are — custom documents drafted by the landlord’s representative. More often than not, these documents can be lengthy and include a variety of provisions relating to the lease terms itself and acceptable and unacceptable uses of the property. So, if you’re talking about opening a CrossFit box (or any fitness facility, for that matter), you want to be sure the lease contemplates your intended use — i.e. you want the lease to acknowledge that you’re using the property for what you discussed with the landlord. Even better, would be a provision acknowledging that loud noises are part and parcel to the operation of a CrossFit box. If the lease does not state how you plan on using the facility, there’s a higher chance you’ll be up s**t creek if and/or when complaints come down the pike from neighbors.

2. My Lease is Already Locked and Loaded:

If you’ve already signed a lease and your lease states you’re using the location as a CrossFit box, and noise is part of the deal (I won’t go into what happens if your lease doesn’t have these things), then generally speaking, a landlord can’t just kick you out (without going through a particular legal process, called an “unlawful detainer” action). Assuming you’re not violating any other provisions in the lease, the best way to resolve noise complaints is to discuss the situation with your landlord. If the landlord knew you’d be using his/her space as a CrossFit facility, knew that you and your members would be dropping weights, and knew that it would be generally loud during your hours of operation, then you can (and should) request the landlord remediate the situation. One such way box owners can remediate noise issues is to request beefed-up soundproofing in the facility. Often, a landlord will pay for some (or maybe all) of these costs, so you should discuss this with your landlord before doing it yourself.

3. Thinking “Outside the Box” for Your Location:

One situation I’m noticing more, are boxes that operate outside of industrial spaces. Urban areas that are densely populated do not often have a plethora of industrial parks to choose from. Box owners are often forced to get creative, which can lead to major issues. One such CrossFit box, CrossFit NYC, opened on Columbus Avenue on the Upper West Side of New York, on the basement level of a 31 story condominium building. The 12,000 sq ft establishment had sold over 350 memberships prior to opening its doors, planned on offering 800-1,000 memberships, and boasted over 500 classes per week. Unfortunately for that box, they did not get the proper permits from the city’s Board of Standards and Appeals (BSA) to run the box. At the time they opened, their application had been submitted — but not approved. The box opened without the permit, and a multitude of noise complaints ensued. An attorney was brought into the mix (dun, dun, DUN!), and 150 out of 167 residents signed and notarized an opposition to the permit pending before the BSA. The Board voted unanimously to rescind the box’s permit.

In that box’s case, it looks like a case of putting the plate before the barbell (see what I did there?). You always want to be sure your permits are squared away before operating your business, but this is just one example of noise complaints gone terribly awry.

At the end of the day, I always recommend box owners and those intending to open a box, consult with legal counsel to ensure their commercial leases are in order. It’s always easier to negotiate a lease before it’s signed.