If my co-op started to impose fee to harbor dogs, how can I fight this charge?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
If my co-op started to impose fee to harbor dogs, how can I fight this charge?
I am a shareholder. The board of the directors of my co-op apartment building decided to charge a $60 per dog fee.
Asked on May 4, 2012 under Real Estate Law, New York
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 11 years ago | Contributor
Look to the proprietary lease and other documents which govern the co-op, as well as to any documents (e.g. bylaws) governing the co-op board. If the board has the power or authority to do this under the governing documents and, furthermore, has exercised that power appropriately (e.g. took whatever vote, after whatever notice, was required), then it can impose the dog fee. However, if the documents do not empower the board to do this, or the board did not wield its power in accordance with the governing documents, the vote would be illegal; if you refuse to pay, they'd have to sue you to get the money or take other action against you, and you'd have a good chance of winning in court.
However, since if you fight the board, whether you are in the right or wrong, it may come down to litigation, and litigation can be very expensive in terms of time, money, and effort/stress, it may be best to pay the fee rather than fight it.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.