BY JOHN KIRITSIS, ESQ., CPA, MBA, MS, JD, LL.M

Dealing with common charges disputes in a New York City (NYC) cooperative (co-op) involves addressing disagreements between the co-op board and individual unit owners regarding the payment of common charges. Common charges are fees paid by co-op owners to cover the costs of maintaining and operating the building’s common areas and shared services. Here are steps to navigate common charges disputes in NYC co-ops:

 

  1. Review Governing Documents:

Start by reviewing the co-op’s governing documents, including the bylaws, house rules, and offering plan. These documents outline the obligations and rights of both the co-op board and unit owners regarding common charges.

 

  1. Understand the Dispute:

Identify the specific issues causing the common charges dispute. This could include disagreements over charges, billing discrepancies, alleged mismanagement of funds, or financial transparency concerns.

 

  1. Open Communication:

Maintain open and respectful communication with the co-op board and other relevant parties. Contact the managing agent or co-op representatives to discuss the dispute and seek clarification.

 

  1. Request Documentation:

If you believe there are errors or discrepancies in the common charges, request detailed documentation and financial statements from the co-op board to support the charges.

 

  1. Mediation or Negotiation:

Consider engaging in mediation or negotiation to reach a resolution. Mediation involves a neutral third party who facilitates communication and helps parties find common ground.

 

  1. Attend Co-op Meetings:

Attend co-op board meetings to address the common charges dispute in a formal setting. Participating in discussions during meetings can help clarify concerns and find solutions.

 

  1. Seek Legal Advice:

If the dispute cannot be resolved through communication or negotiation, consider consulting with an attorney who specializes in NYC co-op law. They can provide legal guidance and help protect your rights.

 

  1. Follow Dispute Resolution Procedures:

Many co-op governing documents include dispute resolution procedures that should be followed. These procedures might involve written notice, discussions, and escalation if necessary.

 

  1. Review Finances and Budgets:

Analyze the co-op’s financial records, budgets, and common charges breakdowns to ensure transparency and accurate accounting.

 

  1. Understand Late Fees and Penalties:

Be aware of any late fees, interest, or penalties associated with unpaid common charges. The governing documents often specify the consequences of non-payment.

 

  1. Document Everything:

Keep records of all communications, notices, emails, and other relevant documents related to the common charges dispute. This documentation can be useful if the situation escalates.

 

  1. Arbitration or Legal Action:

If disputes remain unresolved, arbitration or legal action might be necessary. Consult with your attorney to understand the best course of action based on your specific circumstances.

 

Navigating common charges disputes in NYC co-ops requires a combination of communication, understanding of co-op governance, and potentially legal expertise. It’s essential to approach the situation with a willingness to resolve the issue while protecting your interests and rights as a co-op owner.

 

 

Citations, References and Potentially Useful Resources for Further Information:

U.S. Constitution

New York State Constitution

Federal Securities Regulation

New York State Martin Act

New York Condominium Act

New York State Security Regulations

New York Business Corporation Law

New York Limited Liability Company Law

New York Uniform Partnership Act

Federal Internal Revenue Code

New York State Tax Laws, Rules & Regulations

New York City Tax Laws, Rules & Regulations

Winston Churchill Owners, Inc. v. Regents Real Estate Associates

Board of Managers of the Park Regis Condominium v. Park Regis Owners Corp.

Park Sutton Condominium v. 447 E. 57th St. LLC

28 E. 10th Street Corp. v. Veras

Riverside Syndicate, Inc. v. Munroe

Essex House Condominium v. Marks

The Parc Vendome Condominium v. Atkinson

54-56 Meserole Street Owners Corp. v. Rossi

The Beekman Regent Condominium v. Bottiglieri

Chelsea 19th LLC v. West 19th Street Realty LLC

ACRIS

New York Department of Finance

New York City Department of Buildings

New York City Bar Association

New York State  Bar Association

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