New York's Cooperative and Condominium Community

Habitat Magazine Business of Management 2021

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Coops may not arbitrarily place legal fees on your monthly billOct 01, 2021

They cannot charge you for their own legal fees unless they have prevailed in a court action. Just thought I should remind people of this.

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Coops may not arbitrarily place legal fees on your monthly bill - Steven424 Oct 03, 2021

If a co-op incurs legal fees during the normal course of their operations, and the board votes a onetime assessment in the amount of those legal fees, I believe the board has the authority to collect the pro-rata amount of the assessment from each unit in the form of a debit on the monthly maintenance invoice.

Prevailing or not in the legal action has no effect on the board's power to authorize and collect an assessment.

If your Proprietary Lease says different, the board must follow the terms of the lease.

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Thanks but that is another topic - DM Oct 04, 2021

It does not relate to my point.

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Misunderstood - Steven424 Oct 04, 2021

I apologize. Could you restate your point so I get it? Maybe offer an example?

Thanks.

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facts - DM Oct 05, 2021

No apology is necessary but I don't want to confuse readers.
This concerns legal fees being art arbitrarily placed on a shareholder maitenance statement that are otherwise the responsibility of the coop - fees that may relate to issues concerning that specific apartment but are not because of an actual default with a court determination. Thsi could otherwise lead to abuse and misuse by the coop. If a shareholder consults an attorney because they have a bad board or the coop is discriminating against them or that are being harassed by staff, etc. then those fees are the responsibility of the shareholder. Unless the shareholder commences a full court action and prevails.

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