Can I sue my co-op for this?

[dualcitizen]

New York State

I live in a 60-unit co-op in Brooklyn, NY. I submitted very simple kitchen renovation plans to our management company a year and a half ago and still haven't gotten approval to proceed. I paid for my appliances over a year ago, and still can't bring them into the apartment. I've been living with an apartment full of kitchen cabinets in boxes since March 08.

In addition to five different changes of personnel at the management company, endless delays in communication, and constant confusion and misinformation about the nature of the alteration agreement, our management company/board has the most onerous contractors' insurance requirements of any building I know of in NYC. It took months and months for my contractor and his various subcontractors to submit all the necessary paperwork in precisely the format required. With each new delay, someone's insurance or workman's comp would expire, and I'd have to re-start the whole process of soliciting new documents.

The other issue is the building's ridiculously low bar for requirement of city permits. My architect, who has been renovating kitchens in NYC for twenty years, says she has NEVER seen a city permit required for my level of work. At issue was a plan to widen a doorway that has no connection to a load bearing wall. I was forced to scrap that plan in order to avoid spending $3000 on a permit - which now means my cabinets, which I can't return, won't fit in the space.

Ultimately the building's architect agreed with my architect that the rest of the work (cabinets, electric, moving a stove) could be done without a regular permit, but with a "plumber's ticket." Months later, my package was finally submitted to the board for approval. A month after that (today), a board member told me he "checked with the management company" and deemed that I'd need a city permit to do the work. So I'm back to square one - and ready to inhale deeply from the gas line that will apparently never be connected to my new stove.

I'm sorry this is so long - believe me, I've left out volumes of infuriating details. But I'm just trying to convey a sense of what's gone on.

I had an opportunity to move abroad six months ago, but I can't sublet my apartment until the kitchen is done (all the lower cabinets plus dishwasher were ripped out because of a mouse problem). I missed that opportunity, plus I've had to forfeit a full years' enjoyment of my apartment because of the state it's in. I'm not arguing that I shouldn't have to follow the co-op's rules. But doesn't the board and the management company have an obligation to process my application in a timely fashion and provide me with correct and consistent details about my application? I'm really suffering here, and feel that I have no recourse against these people.

P.S. Of course the one thing the management company did efficiently was immediately CASH the security check I had to send with my application - no escrow account, no holding the check until the job was approved. That was almost 2 years ago.

[FarmerJ]

perhaps your best bet is to have a atty review all your co-op docs to determine if it is in the rules that you have to have a permit. If the atty gives you the go ahead then go to your city building permit desk and make sure you do not need a permit and have the atty send them a letter on your behalf ( the atty can also tell you if its buried in the rules somewhere if they have to provide a approval or denial with in X amount of time)

[You Are Guilty]

Sounds like a lawsuit will be the only way to get the Board & mgmt co's attention. They have the right to insist you comply with the written house rules/alteration agreement/proprietary lease. Anything they claim to require beyond that is beyond the scope of their power.

You also have the right to compel a timely resolution of your request. However, as a practical matter, while you may be able to (for a tidy sum to your lawyer) convince a judge to order them to move on the application, unless the judge orders that they have to grant it (unlikely - judges tend not to want to get into the property management business), then you can pretty much guess what the Board's response will be. A bit of a catch-22.

Have you considered running for the Board yourself? It'll be a lot cheaper