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Condo fees and fines

Started by AH145
about 11 years ago
Posts: 5
Member since: Oct 2014
Discussion about
Hello Everyone, My question is such. If there are no rules regarding deliveries, fines or fees in the condo by-laws (no amendments), can the mgmt company impose rules, fees and fines? What would regulate those fees and fines? Can they be any number the mgmt company wants? If there are fees and fines, do they go back to the building or the mgmt company keeps them? Can the mgmt company restricts the move in/out days (mon-fri). thanks,
Response by cb14
almost 11 years ago
Posts: 2
Member since: Jul 2008

Fees and fines go to the coop, not the management company unless you have a very poor management company. There really should be a list of fees in the house rules or the lease. If you're unable to find them, you should contact the management company or your board to get a list of them.

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Response by Aaron2
almost 11 years ago
Posts: 1698
Member since: Mar 2012

Yes, the management company can restrict the move in/out days, and hours as well.

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Response by semerun
almost 11 years ago
Posts: 571
Member since: Feb 2008

The condo board sets those fines/fees though typically the managing agent will advise on a range that other buildings charge for those fees.

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Response by jelj13
almost 11 years ago
Posts: 821
Member since: Sep 2011

The Board can change the House Rules without a vote of the residents. When I was on a condo board, we periodically distributed the updates, including fines, fees, insurance requirements, move-in/ move-out days and charges, etc. Frankly, I don't like "legislating" things when there is a problem in the building. Sometimes you just have to impose a fine system when people refuse to cease doing things that create problems and expenses for the rest of the residents. The managing agent just collected the monies, depositing them in the building's account.

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Response by AH145
almost 11 years ago
Posts: 5
Member since: Oct 2014

The house rules has no information on move in/out policy. The letter I got from the management company states that I need to give them at least 10 day notice, and if its a weekend delivery I need to pay $125. They claim that a quorum is needed for major changes and not small potatoes like move in/out and fees. So basically, this is mostly driven by the board and the management company is their enforcers?

thanks all.

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Response by Edwinyc
almost 11 years ago
Posts: 58
Member since: Apr 2014

AH145: The move-in/out rules are basically the same in most condos (and co-ops). Monday - Friday, usually 9am-5pm or 4pm. They don't want the elevators to be used for moving during weekday hours when there are residents needing to use the elevator for leaving for work and returning home. The same for weekends because many are home and using the elevator.
You need to give advance notice because they need to schedule your move on a day when there is no other move-in/out for another resident.
Your broker or the seller's broker should have given you this information (and getting the information in writing is always important). Your attorney could get this information for you before the closing date.
This information should be listed in the house-rules but it's not always included.
Most boards will also require that your movers be insured and that you provide their Certificate of Insurance prior to move-in/out.
If this is the only problem that you ever experience in your building -- you can consider yourself to be lucky.
Enjoy your new apartment.

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Response by AH145
almost 11 years ago
Posts: 5
Member since: Oct 2014

So the argument that if its not in the by-laws or house rules it doesnt exist, doesnt apply here?

Also, they want to charge $125 for the supt, who never showed up because they didnt schedule him, and $250 fine. Can I argue that there is no reason for the $125 fee to pay the supt who wasnt here?

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Response by Flutistic
almost 11 years ago
Posts: 516
Member since: Apr 2007

If you really want to know, here it is: 1. There is The Condominium Act, which is part of the NY Real Property Law, and you can get it on Find Law for free and read it. Do that first. It tells you generally, very generally, what CONDO by-laws must do, among other things. (Don't worry about how co-ops do things if you live in a condo.) 2. Read your condo's by-laws carefully. Somewhere in there it probably says the board has the authority to create such rules as to allow for orderly deliveries and the moving of households, or some such language. Find that part, or confirm that it does not exist in the BY-LAWS. 3. IF that language exists, and I'll bet lunch that it does, then the board has the authority to fine you and charge you. (If there is no mention in the by-laws, that's another story.) The managing agent is a general agent for the board and has a fiduciary responsibility to the board. They sent you a letter about this stuff, and you probably signed something at closing that covers this. And yes the property manager is your enforcer.

The smart thing to do is to pay promptly and move on, and let go of any resentment you feel. This sounds like a well managed building and boy oh boy do you want and need that. These is small money. And, it stays your money, as it goes into the coffers of your building so they can use it to fix things down the road; your property manager may get a small service fee, but possibly not.

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