Q: I imagine I’m going through retaliation from the board of my Manhattan co-op. In 2018, the constructing supervisor was purported to appropriate an error with my account, however she by no means eliminated the baseless late prices, and has since added extra. Administration has used a few of my upkeep funds to pay these late prices, somewhat than making use of them to my month-to-month prices. I ran for a co-op board seat, however inside days bought “notices to remedy” all the best way to “eviction,” primarily based on these misguided prices. The board didn’t file their papers appropriately the primary time, however they’ve filed them once more in housing court docket. What do I do subsequent?
A: It’s best to reply to the notices to remedy in a well timed vogue, and contest the debt, following the process outlined in your co-op’s governing paperwork. Embrace proof of the account error in addition to any related communications you’ve had with the board or your constructing’s managing agent.
In case you can not show that you just advised the co-op to use your month-to-month funds to your common upkeep charges somewhat than these different prices, chances are you’ll not be capable of problem how the co-op’s billing employees allotted the funds, stated Leni Morrison Cummins, chair of the condominiums and cooperatives observe at Cozen O’Connor. In case you do have documentation exhibiting that you just wished your funds to be utilized to your month-to-month prices, embrace that proof once you reply to the board.
If the monetary dispute will get to court docket, the burden of proof shall be on the co-op to indicate that it’s correctly charging you, Ms. Cummins stated. You’ll have a chance to answer the co-op’s claims and supply proof of the errors. If you’re victorious, the co-op may very well be required to pay your authorized charges. If not, you will have to pay constructing’s authorized charges.
“Earlier than this escalates to litigation, each you and the co-op might want to totally overview your information to substantiate the energy of every place,” Ms. Cummins stated.
You could be appropriate that the board is retaliating towards you, however proving it may very well be tough. What sort of proof do you’ve gotten? Are you conscious that different shareholders in an identical scenario have been handled otherwise?
“It’s attainable that the timing of the cooperative’s authorized motion, coinciding with the shareholder’s candidacy for the board, is coincidental,” stated Joseph Colbert, an actual property lawyer at Colbert Regulation, LLC.
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