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Old 12-08-2014, 01:25 PM
 
1 posts, read 736 times
Reputation: 10

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I live in a NYC coop, recently the board told us all of our windows would be replaced. In order to do this we have been ordered to move all furniture away from windows, to remove any fixtures that might be in the way, etc. at our own cost. For some people who installed kitchen sinks and fancy countertops in front of their kitchen windows, this will involve major costs and probably damage. Others will have to remove cabinets and built in bookcases near windows. The board has stated that the coop will not be responsible for any damage that may occur. And that they will not be responsible for any damage caused by the installers of these windows.

At a meeting the coop's lawyer was asked where in the corporate documents or lease the board was granted the authority to ask us to do the moving and removing described above at our own cost. The lawyer said the authority was "implied."

I'm bewildered. How can something that requires me to spend money to accommodate a coop's improvement project just be "implied" in a proprietary lease.

I will have to spend about $800 to accommodate the board's plan.

Any advice would be greatly appreciated.

Upper West Side
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Old 12-08-2014, 03:10 PM
 
Location: NYC
2,724 posts, read 2,864,188 times
Reputation: 4685
If I had to hazard a guess, as a coop owner, you voted for the board and since they approved the project, you essentially did the same.
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Old 12-08-2014, 03:10 PM
 
4,542 posts, read 4,460,950 times
Reputation: 3481
Quote:
Originally Posted by penates View Post
I live in a NYC coop, recently the board told us all of our windows would be replaced. In order to do this we have been ordered to move all furniture away from windows, to remove any fixtures that might be in the way, etc. at our own cost. For some people who installed kitchen sinks and fancy countertops in front of their kitchen windows, this will involve major costs and probably damage. Others will have to remove cabinets and built in bookcases near windows. The board has stated that the coop will not be responsible for any damage that may occur. And that they will not be responsible for any damage caused by the installers of these windows.

At a meeting the coop's lawyer was asked where in the corporate documents or lease the board was granted the authority to ask us to do the moving and removing described above at our own cost. The lawyer said the authority was "implied."

I'm bewildered. How can something that requires me to spend money to accommodate a coop's improvement project just be "implied" in a proprietary lease.

I will have to spend about $800 to accommodate the board's plan.

Any advice would be greatly appreciated.

Upper West Side
Improvements to unit are your responsibility. Only orginal sponsor/landlord installed stuff might be covered.
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Old 12-08-2014, 03:49 PM
 
Location: Financial District
299 posts, read 490,490 times
Reputation: 294
Quote:
Originally Posted by penates View Post
I live in a NYC coop, recently the board told us all of our windows would be replaced. In order to do this we have been ordered to move all furniture away from windows, to remove any fixtures that might be in the way, etc. at our own cost. For some people who installed kitchen sinks and fancy countertops in front of their kitchen windows, this will involve major costs and probably damage. Others will have to remove cabinets and built in bookcases near windows. The board has stated that the coop will not be responsible for any damage that may occur. And that they will not be responsible for any damage caused by the installers of these windows.

At a meeting the coop's lawyer was asked where in the corporate documents or lease the board was granted the authority to ask us to do the moving and removing described above at our own cost. The lawyer said the authority was "implied."

I'm bewildered. How can something that requires me to spend money to accommodate a coop's improvement project just be "implied" in a proprietary lease.

I will have to spend about $800 to accommodate the board's plan.

Any advice would be greatly appreciated.

Upper West Side
I don't see why you're so surprised. I own a small condo on the Jersey Shore and there are always assessments for exterior painting etc.

It seems very obvious why all the windows would need to be replaced at once. You will make your $800 back with improved energy efficiency.
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Old 12-08-2014, 04:25 PM
 
9,952 posts, read 8,441,593 times
Reputation: 5826
Have you read you proprietary lease? This would be the controlling document. Generally they're written to give the board as much power as possible. This is especially so when it comes to building infrastructure issues.

You could get a lawyer and try to fight. But in the end, you'll spend a lot more money, likely lose, and the board would likely go after you for their legal fees.
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Old 12-08-2014, 09:19 PM
 
390 posts, read 370,728 times
Reputation: 557
of course you gotta move away your furnitures for them to put up new windows, whats so hard to understand????
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Old 12-09-2014, 01:28 AM
 
Location: Blue Ridge
20,892 posts, read 22,671,095 times
Reputation: 8634
In order for windows to be installed, workers need to be able to work from both sides. Thus EVERYTHING needs to be moved out of the way for them to do so. The windows ordered are based on the original configuration of the building. Thus what is known as the "rough in" dimensions need to be cleared away in order for the original windows to come out. This area is going to be higher and wider than what you can see as it is behind the plaster/sheet rock. So yes you need to move items out of the way so they won't get damaged and yes anyone who has upgraded their kitchens and covered over the "rough in" area with cabinets and countertops will need to remove them.
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Old 12-10-2014, 03:03 PM
 
8,218 posts, read 8,498,682 times
Reputation: 10182
Sorry you're getting no sympathy here

I'm with you. It sounds inconsiderate and arbitrary. Not only that, but I would have thought that the contractor is insured and so would be responsible for any damage. About the only thing you could do at this late stage would be to gather up as many people as agree with you and write a joint angry protest. Unfortunately, if you're in one of the many buildings where the same people get re-elected year after year, they're probably used to walking all over you. Also, unfortunately, if the building were to pick up costs, unless you have a good reserve, they'd just assess you to cover it.
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