A/C Extortion Fee**************

[law_ny1]

What is the name of your state? NY

Hi,

I've lived in a coop apt for 6-yrs, and had 1 A/C in the unit. In August of 2005, my infant daughter was diagnosed w/upper respiratory problems, and our doctor recommended putting an A/C unit in our bedroom. We have his note to this effect. Being the end of the season, we purchased an old a/c unit from an estate sale (no receipt), and installed in in the window. We wrote a letter notifying them of this and mailed it (regular mail) to the management office. Of course they claim they didn't receive it.
In September of 2005, the board claims they did an a/c inspection (first one in six years), and sent us a notice of fees in arears for failure to report a 2nd a/c unit for 6-years/ Outrageous! Lates fees and all they assessed us $1,600+ dollars.
To resolve it amicably, we did the following to no avail:
1.Went to the board meeting w/dr's note. Old fogies condescending and taking advantage of us (young couple), refused to drop the fees.
2.Wrote the VP of Mgmt office, and said that he couldn't help us.
3.Consulted a lawyer who drafted a letter to the board, and advised that we would like to resolve and we will not pay.
ALL OF THIS FAILED!! They leave us no choice to sue in small claims. My wife seeing a new late fee paid the arears in FULL, and now I want this money bacK!
Please advise how I can go about this in small claims court. What legal terminology should I use on my claim? Thank you.

 

[JETX]

Please advise how I can go about this in small claims court. What legal terminology should I use on my claim?

Sorry, but you have very little, if any, chance of success in court. The simple fact is... your property apparently doesn't allow two units. And the 'co-incidence' of your not having a receipt (to prove recent acquisition) AND the 'lost' letter.... is unlikely to sway anyone.

 

[law_ny1]

More info - assumption not correct

The coop does allow for any # of ac units, it just requires you to report it, and pay a monthly fee. Obviously we feel this is our only obligation, since we put the unit in 2005.

I had a neighbor who helped me install it, and can possibly get a statement from him.

I also requested elevator pads from the mgmt office the time I brought the unit home. It was not necessary to tell them for what, just if we move furniture, etc in and out.

 

[JETX]

The coop does allow for any # of ac units, it just requires you to report it, and pay a monthly fee. Obviously we feel this is our only obligation, since we put the unit in 2005.

And there is your problem... how do you PROVE it was 'put in' in 2005..... and not 2004, or 2003, or even 2002??

I had a neighbor who helped me install it, and can possibly get a statement from him.

That might be a good idea.... however, make sure it is an AFFIDAVIT (notarized under oath).

I also requested elevator pads from the mgmt office the time I brought the unit home. It was not necessary to tell them for what, just if we move furniture, etc in and out.

Not relevant.

 

[law_ny1]

A couple more things**************

Thanks for the replies. So, the doctor's note wouldn't lend any credibility to our story?

Also, the question begs, WHY do they not or did they not perform an inspection every year, instead of wtg 6 years to do so? It would've been more honest on there part if they do this every year, and not make an arrogant assumption if X tenant lived in unit for 100 years, and we do inspection every 100 years, then tenant must have had unit for 100 yrs.

Finally, IF I could get a written receipt/address & phone number from the person that sold us the unit, would this help?? Since they are really strangers, they may not be willing to have anything notarized.

Thx, again

 

[You Are Guilty]

I'm assuming the co-op pays for electricity? If so, what does the A/C policy state with respect to additional units? Absent language in the house rules/proprietary lease that permits the board to back-charge additional AC unit fees to the date of the last inspection, you'll have a decent shot at fighting this in court -- the burden of proof is fairly low and the small claims judges are idiots.

Of course, if the rules say this back-fee is permissible (usually found in conjunction with a requirement to report new units to the Board), then your chances drop rather drastically.