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I am told one way to do it is to write "in protest" on your check and then take the coop to small claims court
when they have cashed it.
Has anyone tried this or what have you heard?
(Of course, you should protest it in writing to teh coop first.'They can not put legal fees on your bill
unless there is a court order/ they prevailed in court. Such charges are unenforcable.)
Steve - To clarify, many leases do not allow for the imposition of legal fees unless there is an actual default and a court determination.
This is to protect shareholders. If you have a bad or spiteful board they could otherwise abuse the situation.
Does anyone out there know the answer to the small claims option? - and, yes , writing 'in protest' on a check is a real thing.
Steve,
1) You write in protest" on the check.
2) They cash it.
3) You then take them to small claims court to get the money back.
Yes, this was originally advised by an attorney.
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I'm not trying to sound snarky, but are you sure the fees are *legally* not allowed? The Business Judgment Rule gives co-op boards a lot of leeway in imposing fees.
Unless an attorney actually told you to write "in protest" on your check, legally you might be doing yourself more harm than good. It doesn't sound as if writing "in protest" by itself will get the fees removed. If you withhold any part of your maintenance, at some point you could find yourself a party to an eviction suit.
I am not an attorney, but I have a lot of respect for the intricacies of the law and the administrative codes.
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