Q: I bought a cooperative apartment in Queens about 35 years and I have been interested. About 15 years ago, the cooperative imposed a 10 percent surcharge in maintenance rates for apartments that are interested. That increased to 20 percent approximately five years ago. Should my apartment have a leg in the grandfather, exempting him from the surcharge? Does a cooperative also have the right to impose this additional rate? The Board states that the cooperative has the authority, but is it not discriminatory to apply the maintenance surcharge only to non -resident owners?
TO: A cooperative board has great freedom to operate in the best interest of the building and shareholders under the commercial trial rule. However, you must consult your government documents to see what they say about sub -reflection.
Even if the Board is within its rights, that does not necessarily mean that it should pay 20 percent.
The patented lease must indicate whether the sub -re -re -updating is allowed and in which the conditions. But the rate may not appear on the list. In some cases, the leases offer the Boards of a wide authority to establish conditions for the approval of a sub -reflection, which may include the right to impose a maintenance surcharge such as the one described.
“The decision of the Board to do so, and to increase or decrease the rate, is governed by the commercial trial rule, which allows decisions to be made in the name of the shareholders and within their authority of the documents White Andrew, Sainting, Saining, Sainting, Saint, Saint, Saint, Senid, Senid, Senid. Lubic, Leding, Finkelstein, LLP.
Collecting an additional rate for shareholders who sub -rear their apartments is not uncommon. The Board must treat shareholders equally, but impose this surcharge, and occasionally alter their conditions, it would not be discriminatory or illegal if the patented lease, said Steven S. Anderson, a lawyer Bekerker. And there seems to be no reason to avoid the surcharge that was sub -running its unit before imposing it.
However, 20 percent seem a bit high and could be considered irrational in the court, Anderson said. Typical surcharges are around 5 or 10 percent. Perhaps the Board, knowing how much is charging its sub -leader to rent the apartment, assumes it can easily pay it. Depending on the amount of executions you charge, you can consult with a lawyer to assess whether it is worth demanding a lower rate.
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