Definitely get counsel. The ultimate results will turn on the legal interpretation of your lease and what implied rights the board has (business judgement rule) to use the roof space for the benefit of the entire co-op.

A couple of questions: is your dog a service dog or an emotional support dog? and did you submit to the board the required papers for your service dog, regardless of meeting the 1 pet rule? The reason I ask is that an emotional support dog is considered a pet while a service dog is not.

Hi Ned. Our dog is a Service Dog. The board is aware.

Because 1 dog is a service animal who has been trained to perform tasks and do work that mitigate your disabilities and must be accommodated, by law, regardless of house rules, I would say you have a strong case to acquire a 2nd dog as an allowable pet.

However, I would write the board before I acquire the 2nd animal to ensure that you have their understanding (difference between the 2 dogs) and support. And while it is not required by law, I would attach the documentation for the support dog to certify the distinction between the 2 animals. You want it clear in their minds the unique difference between the 1 allowable pet and by law, the allowable service dog.

Just like your raise at work, all increases (maintenance, bike, storage and parking) should increase at the same percentage .. it takes the drama out of the conversation. Run for the Board yourself, it sounds like you'd do a great job !!!

What type of expenses are you looking to cut? Are they "nickel and dime" expenses or big items like the roof?

You say the co-op has excellent financials, but the Board still voted a maintenance increase and an assessment. That doesn't seem to make sense.

What is the Board's personal agenda?

You don't provide any info about the size, location, budget of the coop, size of the garage, other amenities. Are you saying that the coop has $2mm in reserves? Or is that the value of the assets on the financials? What condition is the building in? Are there major projects needed, such as to repair roofs, brick work?
I don't agree with the other comment that the bike and garage rentals should be increased at the same % as maintenance. It depends on the building, supply and demand of the amenities. Do you have storage available, or laundry facilities? They are also sources of income to the coop.
In our building, we charge $24/yr ($2/mo) for bike storage. The space is not usable for much else and it keeps the bikes out of the hallways and elevators, reducing damage and dirt, and the space has easy access to the service entrance. Storage lockers pay for themselves in about a year, we charge $1.50 per sq. foot, and have access within the building. Are all the garage spaces filled by building occupants, is there a waiting list? If 2 of the board members have spaces, out of maybe 50 spaces, 48 others are benefiting too. Are there any costs associated with maintaining the garage?
Cutting the budget is not an easy task. Most of the budget goes to water and sewer charges, property taxes, staff salaries and benefits, building underlying mortgage, professional fees/management, repairs and those necessary utilities - gas/electric/oil/heat/hot water. Most budgets have very little discretionary spending.

The prices being charged for the parking spots and bike storage appear to be excessively low. The Board has the right to raise prices for each, but should do so gradually until you reach a reasonable dollar amount. If your reserve fund is $2MM, that is a very nice number to have - perhaps it's high because there is little spending done on maintenance projects.

The only time that you can vote out any Board member, is during the annual board meeting held with shareholders. And if you succeed, should have available shareholders ready to fill in the open spots.

Hi Kevin - Unless someone has a more specific recommendation, I suggest that you simply do a Google search on "Air Rights Sales Training NYC" or something similar. The business of selling or transferring air rights is not something most contributors to this forum have familiarity with.

Good luck!

As a courtesy to shareholders the board can advise shareholders that a service animal has been engaged by a fellow shareholder so that other shareholders are aware that a service animal is on premise.

The board is not allowed to discuss the application or your reasons/requirements for the animal nor is it an item that is up for vote. Here is an excellent article from Habitat explaining service dogs. Cut and paste into your search bar:

https://www.habitatmag.com/Publication-Content/Legal-Financial/2012/2012-September/Service-Animals-in-Co-ops-Condos

I would say that you need to read your governing documents first. Do you have a committee established to review applications? If so, does the board accept their decision without question? Or does the board do the interviews? As a sponsor rep holding a seat on the board, I would think that he's entitled to sit in on any board business, including interviews, and cast a vote as well, unless there in something in the governing documents to the contrary.
In my building, the sponsor does not participate in interviews for buyers, but there is nothing in our governing documents preventing him.

As JG said, if the sponsor has a seat on the board then they are entitled to receive the same financial package for review as every other board member. If not, I don't believe they are entitled to that information unless stated otherwise in your proprietary lease and bylaws.

If you feel that the sponsor will make a play for board majority, you should plan to try to sway new purchasers towards supporting the non-sponsor board members. You're lucky you have some advance warning of their plans and tactics so you can properly prepare for them when the time comes.

If I was in the same situation I think I would write one last letter to both the BOD and management company advising them that unless the situation is addressed and remedied within the next (e.g.) 30 days, you have no other alternative than to make a formal complaint to Attorney Generals Office.

Alternatively, since they have not done anything in 5 years, you could simply contact the Attorney Generals Office (information & complaint line 1-800-771-7755) - or go to a lawyer directly. Not only would they be responsible for the damages in your unit, they may also be responsible for your legal fees. The NY law firm of Grimble & LoGuidice appear to specialize in these types of matters. They can be reached at (212) 349-0450.

Sounds good. I found out that we have a right to withhold any co-op maintenance fees and assessments until this is resolved but I have to notify them via mail.

My problem now is that I can't find a complete copy of our proprietary lease. I have page one, but it's essentially useless and since they know we have an issue they've stopped communicating with us so directly asking for a copy may (I suspect) be an issue. Any thoughts on that part?

Thanks!!!

I am surprised to hear that you can withhold maintenance payments. I would verify this with the Attorney Generals Office before I proceed to withhold.

As for a copy of your lease, they must provide you with a copy. Request one in writing and indicate a date in which you require it (e.g. within 7 days).

There is something called Warranty of Habitability. In NY state, co-ops fall under this warranty in Section 235-b of the Real Property Law of New York. The warranty is important as a co-op unit owner could seek an abatement of his or her maintenance if the co-op failed to provide the services stated in the proprietary lease or failed to cure a condition or make a repair. The warranty is there to protect your rights. I encourage to seek legal counsel; if they have breached the warranty, it may take a simple lawyers letter to move them into action.

I did retain council, we are allowed to withhold payment as we are technically a tenet and landlord type situation, however they are reviewing to see if that is appropriate action at this point. It is pretty much a guarantee that if we withhold we'll be sued for it and the goal is to get the leak fixed out of court if at all possible.

So far the mortgage company has been crazy helpful- they got a copy of the PL to us in 24 hours. 50 pages!!

After checking records this has been a documented issue for over a year...so council believes we're in a good position to get this resolved out of court.

As for insurance, they don't cover water that comes in from the foundation (we're not in a flood zone so they said they couldn't add a policy for that). It would only be covered if water came in through a window or from plumbing. The first flood caused by the co-op's inaction of maintaining drainage caused a massive flood in the front of our basement unit and the insurance said it wasn't covered because it didn't come in over the door stoop- it came in- literally- through a hole where the concrete wall meets the floor.

So sadly now I have to pay for council but the odds and laws are in my favor due to the length of time this has gone on and all of the photo and video documentation we he have.

I just noticed that under the Warranty of Habitability you can withhold payment. I would also claim your legal fees. As you have pointed out, the case is in your favour.

Good luck!

Have you contacted your insurance company? You may also have mold since your problem is going on for 5 yrs. I give you credit for waiting 5 yrs. but explain your problem to your insurance company and ask them for advice on this matter. In New York we have 311 not sure if your area has it. Best of Luck.

Typically, what you see is yours to maintain, including the radiator, the radiator valves and radiator vents. The pipes aren't leaking, the valves are, and are subject to wear and tear just as your toilet flush valve and faucet washers are. The coop is not responsible for repairs to your apartment, however, it usually is responsible for your entrance door, the bottom lock and the exterior windows.
If the super is willing to replace the valves for the cost of parts and his labor, it's probably cheaper than having a handyman or plumber come in. He can also coordinate the shutdown of the boiler while he does the work.
Maintenance covers the staff salaries, building insurance, common area repairs and maintenance, building mortgage, heat, hot water, etc., but not repairs to individual apartments, unless damage is caused by a leaky pipe within the walls or ceilings, or damage from rain leaks, etc.
The occupant of the unit above you is liable for damages to your apartment if their radiator leaks or their toilet overflows.

Thank you!

While the apartmeant envelope idea is helpful there are subtleties.

Unlike some of the other plumbing, the radiators might be considered part of the building equipment and the responsibility of the corporation rather than the lessee. Our Proprietary Lease (from the mid-80s) is written that way.

If your radiator is not original building equipment and was replaced by a former lessee, then it could well be your responsibility.

Also, in NYC generally the valves have to be either fully open or fully closed or else they leak. This is a common cause of damage to the apartment below. But it sounds like you have had the super inspect and spoken with management already, so maybe not your situation.

We've struggled with who is responsible when a component is trans-envelope, like radiator pipes, shower and bath P-traps, waste lines, etc. If both the board and affected shareholder are reasonable things are usually worked out.

Regarding the problem of fully open or closed radiator valves, we've installed Danfoss valves on most radiators. They replace the traditional screw valve. In their basic form they are like the OEM screw valves, but intended for continuously variable settings. Their main benefit is that a fully mechanical (no electrical connection required) thermostatic unit can be fitted to the valve which provides fairly granular temperature control by regulating the amount of steam or hot water entering the radiator. I highly recommend them.

This is your condos responsibility, contact your super and tell him or her your radiator is leaking. This is part of your HOA Fees

Hi Anon -- Firstly, please realize that almost *everything* you read here is someone's opinion. The questions you are asking fall under the general realm of "legal" and since I am not a lawyer the opinions I am about to express are worth pretty much what you're paying for them.

That being said, you should start by reading your Proprietary Lease. Most PL's for co-ops formed in the 1980's and after used a standard template. There should be sections in your PL that delineate which areas in your building are "common" and the responsibility of the co-op corporation, and which are proprietary to individual shareholders. Read those sections carefully because the wording is sometimes confusing.

1) In my building, we interpret shareholder responsibility to be anything that is within the envelope of the unit (i.e. four outer walls, ceiling, and floor) to be the responsibility of the shareholder. Anything outside of the envelope is common area. The PL carves out a few specific exceptions, but for the most part this is how we decide. One of the reasons for this is the co-op has very little control over the quality of changes or updates made by a shareholer to their unit. If a radiator was replaced and the contractor used sub-standard parts and shoddy workmanship, the co-op cannot automatically assume financial responsibility for their repair or replacement.

2) The cost of the work will come out of your pocket. Unless stated otherwise in the PL or House Rules you are not required to use the building's super to make the repairs. You should be able to bring in a licensed and insured plumber from the outside. Check with the board for any rules they may have about this. You will need to coordinate with the super because at some point the steam or hot water will need to be turned off to your apartment line while the repairs are underway. If there are no definite rules about using the super, to keep from ruffeling feathers, you might ask him/her for a cost estimate and then get competative bids. That way your decision will appear to be a purely financial one.

Check with the insurance company that carries your co-op owner's policy to see if any part of this is covered and if it is worthwhile for you to file a claim.

Finally, ask the attorney who handled your purchasing of your unit. He/she should have read your proprietary lease and may be able to give you more than the opinions I've provided above.

Good luck!

I just wonder how long a package delivery person will wait to drop off a package if there is no answer at the door in 5 or 10 seconds, while the unit is trying to call you.

This is Scott from American Security Systems and I would like to help. Please contact me at 718-780-2880 x170.

Try Academy www.academymailbox.com #718- 539-1000 or 212-539-1000
family owned since 1948.

I can also recommend Academy Mailbox for these kinds of installations. They have done work in our building for 8 years and we've been very satisfied with the results.

First, I am not an attorney, so from a legal perspective this post is worth what you're paying for it.

Married couples can hold property as Joint Tenants (With Right of Survivorship). This may also be called Tenants by the Entirety; there are subtle differences. Joint Tenants or Tenants by the Entirety means that each person owns 100% of the property and there is no "passing" of any deed, title, stock shares, etc because each is a full 100% owner. I don't believe Joint Tenants or Tenants by the Entirety can arbitrarily dispose of their shares because those shares are also fully owned by their spouse, but I am not sure about this.

You and your father are probably listed as Tenants in Common. This means you each own 50% of shares of your co-op. You each have full control of the disposition of your half of the shares. He is not required to name you as their new owner. He could, if he wanted to, give them to your sibling(s), a relative, a friend, or a complete stranger.

When your father died, I assume you inherited his half of your co-op shares. Check his will. His shares have to legally change hands from his estate to you, which triggers a "new purchase" event in the eyes of the board. This is why they are going through the "new purchase" procedures.

The income check should just be pro forma and there should not be any board opposition. Check your proprietary lease. It should have a paragraph which states that the board cannot place any undue burden in approving the transfer of shares between Tenants in Common.

In your situation I would strongly recommend you consult with an attorney (because I ain't one) to make sure you are actually entitled to your father's shares and that the transfer goes smoothly. I found this article which briefly describes property ownership. There are many more like it on the internet.

http://homeguides.sfgate.com/definition-joint-tenants-tenants-common-1429.html

Good luck!