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A/C dispute w/Coop Board - Advice?

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law_ny1

Member
What is the name of your state? NY
Last fall, 2004, my wife gave birth to twin girls, and they have been diagnosed with respiratory problems due to the stale air and summer heat. In other words, they continuously were getting sick during the summer. These infants sleep with us in our master bedroom, and therefore, it was highly recommended by our pediatrician that we install an air-conditioner unit in the bedroom to alleviate these symptoms. Being that the summer was almost over, and our girls were suffering from these symptoms, we found and bought a used air conditioner unit from a private individual. Subsequently, as required, we notified the management office via letter regular mail.
The letter from the Committee indicated that they conducted an inspection in September 2005 (the first in 6 years?), and claimed that we failed to report this unit. As such they are claiming that we had this unit for this six-year period without reporting it to the Committee. In addition, they are assessing us not only with the annual fee for the past six years, but a monthly late fee for the maximum each year. This late fee is more than double the cost for the unit fee itself. The exorbitant amount totals almost $1,600, an unbelievably high and unfair assessment, and one that my wife and I cannot afford.
We attended the first Administrative Committee meeting, after we received their letter, to address this issue, and come to a fair and equitable resolution. We never had any problem or conflict with the Board before, and thought that we could present them with the facts and come to an amicable settlement. We presented them with a copy of the letter informing them when we installed it, explained the situation and showed a doctor’s note stating same.
As tenants for 5-years, we came in good faith, and expected that they would hear us out. They were unusually very hostile to us and completely inflexible, even making very snide and condescending remarks. They said they did not receive the letter, and even accused us of “writing it today” Then they claimed we sent it to the wrong address (which we sent to the Management Office). To be honest, my wife and I felt very offended at their condescending and unprofessional demeanor.
I also find it hard to believe that they only conduct such an inspection once every six years. Our superintendents have been in and out of our apartment countless times, and even they must be aware that we never had a second air-conditioner unit until this summer. I find this ridiculous assessment excessive and tantamount to extortion.
We told them, and believe that we are responsible for the entire year of 2005, under the cooperative bylaws (that regardless of the month installed, tenant must pay for whole year). We also contacted the property management office, but they could not help us. It seems our only alternative is to sue them in small claims court. They will bill us next month and if we don't pay, fees will continue to accrue. What is our best legal avenue in court, and can we also get some kind of injunction while the case is being heard? Please advise? Thanks in advance! :mad:
 


You Are Guilty

Senior Member
You can't "sue" them in small claims as that court is only for money damages and unless you've already paid the $1600, you have none. Alternatively, you can pay the $1600 and then sue in Small Claims for the return of $XXXX (whatever $1600 minus the 2005 payments equals). Of course, you might not win and then you'd be out the full $1600, court costs and your time.

Plan B is to sue them in Civil Court which has equitable (i.e. injunctive) powers. However, court costs are higher, procedureal rules are stricter and unless you have a lot of spare time to try it pro se, this usually requires a lawyer (and whether you get one or not, the Board certainly will).

Although it's too late now, for future reference, all official "notices" must, must, must be sent via a method that offers confirmed delivery (i.e. FedEx, RRR, etc), just to avoid this very scenario.

Good luck.
 

law_ny1

Member
Follow-up Q...

Thx for reply YAG. What would the consequences be if I waited for them to sue me for the $1600? (Probably risky, and maybe they'd wait time immemorial until 1600 = $$$$$)

Other question should it get to court. What aspect of the law could I use? Isn't it the onus on the coop board to conduct yearly inspections? Any other thing I could do? Would it help if I consulted an atty, and he/she wrote a letter to the board from their office? Tx again.
 

You Are Guilty

Senior Member
law_ny1 said:
Thx for reply YAG. What would the consequences be if I waited for them to sue me for the $1600? (Probably risky, and maybe they'd wait time immemorial until 1600 = $$$$$)
It would seem interest and late fees would be the biggest risk. Plus, if you tried to sell the place before this was resolved, the Board could hold up the sale until the debt was extinguished.

law_ny1 said:
Other question should it get to court. What aspect of the law could I use? Isn't it the onus on the coop board to conduct yearly inspections? Any other thing I could do? Would it help if I consulted an atty, and he/she wrote a letter to the board from their office? Tx again.
The Board is only required to prove their allegations (whatever they may end up being) by a "preponderance" (50.1% likelihood of being true). You'll have to check the proprietary lease and house rules to determine what their stated policy is as far as air conditioner inspections, but, as a general rule, the failure to abide by private board rules does not make them lible (barring any sort of discriminiatory enforcement, like only Asian residents being fined for something everyone does).

As far as "would it help", there's no way for anyone to answer that from across the internet. If you have the spare cash, take it to a real estate lawyer for a consult and see what they think after reviewing all the paperwork.
 

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