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Old 11-05-2006, 07:51 AM
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Join Date: Nov 2006
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Valuable 22-year East River View MIA by arbitrary board decision


What is the name of your state? NY

I have lived in and own my co-op in NYC for 22 years. It is a four-level quadraplex, with the top level flush with the roof, this top floor bedroom with deck doors facing east to a beautiful view that looks past the east river to Queens. It is the only apartment in the building with a room flush with the roof, and with deck doors facing east.

I have four neighbors to my east, with triplexes, whose living room stairs lead up to their decks. There have never been deck separations or fences between us on this east side of the building, and to my knowledge no one has ever asked for any nor complained about it. We have all maintained discretion; respected each others privacy; and granted leniency if one of us was having company or a party etc. My deck, fyi, is up another set of stairs outside my bedroom, leading to the deck level above my bedroom.

In 2005 the board decided to replace the wood decking with concrete decking, which we were all told about. What we were not advised of was the board's decision to place fences on the decks. The lease says the board may do this, and it seems to have been initiated by the board president who lives on the other side of the building (west side) whose two triplexes decks did have fences. Apparently she wanted her fences replaced, which was a 6' high wooden privacy fence, and decided to install the same on the east side.

None of us were contacted. My neighbors were caught off guard with a $500 charge and a 6' tall hunk of wood on their decks in April 2006 - and my enjoyment of my home and presumably some signifiant value of my home, were destroyed in one day. I have talked with the board president, with management, I have written letters. I'm told its essentially none of my business, and to eat it!

The board president admitted to me that the choice of that particular fence for the east side of the building was arbitrary and not lobbied for by anyone, which prompted me to ask the board in writing why another more modified fence or deck separator could not be installed that did not obliterate my view. I was again turned down.

What are my rights? Is my view grandfathered? Does the board have the right to reduce the value of my home, in order to elevate the value of the shares of the other owners, which is essentially the excuse they wrote in their response to me?

For the record, I have never had any problems with my neighbors or the board; there are no complaints against me in my 22 years here. Please advise. Thank you.What is the name of your state?
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