How do I properly respond to a 30 day notice of default of my proprietary lease in a COOP.

Landlord Tenant Law 2 views 3 answers
I installed tile on my balcony floor when I moved into this apt. 5 years ago. At the time, many apts. had such tile installed. In the past year, the COOP Board voted to require owner/tenants to remove the tile and then notified me to remove my tile at my expense. I want to keep the tile and so responded to the Board. Recently the Board's atty. sent me a Notice of Default of my Proprietary Lease with 30 days to cure or the COOP will enter my apt. and remove the tile and charge me for the work. I want to fight this, and go to court if necessary, and will hire an atty. Right now, I want to respond in such a way to serve notice that I disagree with their Notice of Default and contest their position, and stop/delay any action when the 30 day notice expires.

Attorney Answers

3
Richard Zaretsky ·
Your situation is not unique and it has often - especially in ocean front and near ocean buildings with balconies. First the issue is whether the corporation (a co-op is a corporation and you are an owner of stock, not of real estate) has the right to demand you remove your tile on the balcony. There can be many reasons for this and your short summary does not designate the reason. Typical reasons would be that the balcony was tiled without permission - or without proper installation techniques - or that the tile installation is causing deterioration of the balcony (typically through retained moisture, and in seaside situations, enhanced salt retention) and thus a danger to the structural integrity of the corporation's property. These are typically legitimate reasons for action by the corporation. The second determination is whether there is a reasonable necessity for the action. This relates back to the "why" discussed just above. The third determination would relate to whether your installation of tile is "grandfathered" in or whether there may be some time bar to the enforcement of the action. Included in this would be whether the action by the corporation is arbitrary as to some units and not others. A careful review of your co-op documents and the board action (through its minutes) to see how they got to make this demand upon you is necessary by an attorney so you can be informed before you jump into a lawsuit that could end up being unsuccessful and costly. You should not take any further actions until you consult with an attorney and you should do that right away as the "clock is ticking" on the board's timeline.
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Jonathan Klurfeld ·
You need to first bring your lease to a local landlord tenant lawyer today as the clock is ticking. I agree with the other answer though as it is fully laid out well. You may have no argument, it may be a safety issue to the structure of the concrete or a building code issue, or a multitude of issues. Being headstrong and simply wanting to "fight this in court" does not always yield good results; and may not change the facts or that you have to remove the tile because the law is not on your side. We are talking some aesthetic tile on a balcony after-all that it sounds like EVERYONE has to remove..
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