New York's Cooperative and Condominium Community
Our condo building continues to have problems with a renter whose 2 dogs are not house-broken and who are rarely taken out. As a result, horrible smells daily fill the hallway. The owner does not care. There have been many complaints. The management company, under pressure, sent a registered letter a while back to the tenant and owner with a fine attached. what is the ongoing responsibility of the management company vs. the board? Does NYC code address this at all, and if so, in which section?
The person(s) that the managing agent should be going after is the unit owner. It is the unit owner's responsibility to take care of these matters. The managing agent can only go so far in this situation. The matter should be turned over to the Condo's attorney for appropriate actions.
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As far as "ongoing responsibility of mgmt vs. board", mgmt works for the corporation/association which is responsible for things whether it's a coop or a condo. It seems to me that, coop or condo, mgmt can't be held accountable (in the legal sense) if a resident's dogs are the source of many complaints/problems and this isn't being resolved.
I'm in a coop so I'm not that familiar with condo laws, but consult your condo's attorney. Write to the tenant/owner again. At some point I think your attorney should write to them. Keep a paper trail of residents' complaint letters and correspondence to the tenant/owner.
Find out as much as you can about the dogs from residents in nearby apts. Suggestion. If the dogs aren't housebroken, rarely taken out and causing terrible odors in the bldg, it may be a case of neglect or mistreatment. To get more info on this, you can call the ASPCA's Humane Law Enforcement Dept at 212-876-7700, extension 4450.
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