Dealing with coop managing agent over missing abatement
Anyone have any experience with the co-op tax abatement? Short version is that I should have received the abatement for 2015-2016 and did not because our managing agent failed to include me on the Change Form he submitted all the way back in July 2015 (that wasn’t due until Feb. 2016). He’s making claims like he submitted a form in Feb. 2015 but the city Department of Finance has no record of it nor can he provide a copy. He won’t explain why I was left off the Change Form when he included other units that changed owners around the same time as me (2014). He claims when they received the letter from the city listing abatement eligible apartment owners in December 2015 that it was too late to do anything. Department of Finance says this is not true and that he had until February 2016 to submit another form.
Not getting help from my board as nobody has any understanding of the abatement process other than the managing agent who is also on the board because he’s the building sponsor (and has been selling off units as they become vacant).
tuna-loaf
in General Discussion 8 years and 3 months ago
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Guest User | 8 years and 2 months ago
This could be a rare instance where the by-laws, the offering plan and the Attorney General might be of some help. If, as you say, the sponsor is the managing agent, he might be controlling the board after the offering plan and the by-laws of the coop require him to give up majority control of the board. In that case, you might get the AG’s office to investigate the matter, which could threaten the sponsor’s ability to sell units. Also, like any managing agent, he might have violated his management agreement with the board by failing to file for your tax abatement. And if there is no such agreement, again the AG might be interested. Finally, a managing agent should have insurance to cover a claim such as yours.