Co-op Troubles
Hi All, I posted something about a month ago regarding the financial responsibility of replacing windows in a co-op. Windows are original 100 year old wood frame and are rotten and molding. Management company came looked at them said there was no dispute that the work needed done, sent two companies for estimates. These are…
Hi All,
I posted something about a month ago regarding the financial responsibility of replacing windows in a co-op. Windows are original 100 year old wood frame and are rotten and molding. Management company came looked at them said there was no dispute that the work needed done, sent two companies for estimates. These are 9 BIG windows on the front of a landmark building($$$). Now I’ve been told by someone on the board that the building is only responsible for the frames, I’m responsible for the windows. Proprietary lease states I am responsible for maintaining ceilings, walls and floors, excluding windows, window panes, sashes, frames, sills…etc. Plus, the building has already paid to replace three other windows in my apt. in the past. I have pointed this out to the management company and have not heard back yet. SO… my question is, what is my next course of action before a lawyer? I’m anticipating this to be a fight and know this will cause quite a stir amongst shareholders, as most have paid for their windows(at least three in the past two years) and will want reimbursed by the building. So, any lawyers or shareholders that have been in a similar situation, please chime in! Any advice is much appreciated.
Thanks!
So this is a “what is the law” vs “how do I get what’s fair” kind of thing. It sounds as though you have more windows than a lot of other folks in the building and also that others have already paid for their own windows. You could certainly stand on your “rights” as a shareholder and demand that the coop pay for the windows, knowing that the other owners will want their money back and knowing that where the money comes from is from everyone’s pockets. You could also try to negotiate a compromise where you pay for some of the windows and the building pays for the rest. You have to live there with your neighbors, so often the hiring a lawyer and demanding things is not the way you will find long-term happiness…
even if there has been a course of dealing, it doesn’t replace a written lease, although the coops minutes may have something that says otherwise-which can be enforceable. In any case in fact the coop members do pay for everything anyway. Its only an issue of whether the other cooperators have to share the cost. the lease governs.
The proprietary lease in our 12 unit coop reads as yours does. Windows are the coops responsibility. However the practice has been that unit owners pay for their own windows despite what’s contained in the lease. Seems to be understood by all. Your coop could argue that a continuous course of dealings over a long period now supercedes the particluars of lease.
I can tell you from having read board minutes for a number of coops that people in your situation (usually lawyers) would withhold maintenance to force the coop to address the situation. The cost of litigation and the pressure to collect the withheld maintenance then rose to the point where the board would finally give in to the shareholder just to get rid of the problem. I saw fairness (or democratic governance) sacrificed to expediency over and over again. I’m not suggesting that you do this, just telling it like it is.
If they don’t do what THEY should…
Either lobby the other shareholders to pressure the board, or run for the board yourself. Else you can get a lawyer to review the lease and send a letter to the board. (I’m assuming you are correct and that the lease states the corp is responsible for windows, as they generally are).
The problem with boards is that even when they are clearly wrong, if they don’t do what you should you have to go to court.
Yep. Depends on how the building’s run but even if it’s the building’s responsibility, the building may have to – or want to – assess the costs back to shareholders anyway. In my old building, assessments were rare, but occasionally necessary.
To me, if it’s an improvement to the building you get your money back at some point. Doesn’t help when the check’s due though. Good luck,
I can only speak for our building, but here the lease is clear that the co-op pays for windows. However, they replace them on their terms. You can’t demand it. When they say they have to be replaced, they replace them. We keep a master list and replace some every year working from the worst and most unsafe. I think we have a window committee and take the advice of our management company. I can’t remember a time when we’ve replaced more than a couple of windows in any one unit in a year. Maybe 9 throughout the building annually. 9 landmarked windows is a lot to do!
If we had all the money in the world, we’d replace every window on the list but we don’t have all the money in the world.
Some people — like me — have replaced windows out of pocket instead of waiting for our day to come. Honestly, I’m okay with that. Cheaper than the assessment I’d get hit with if we replaced all the old windows. As a shareholder, you pay for these things one way or the other.