Hi there, I live in a pre-war co-op with about 60 units. I did a kitchen renovation this fall with all the proper procedures. We did a last minute change to replace the under-the-cabinet microwave with a range hood, which vent through the window (we lowered the top kitchen window and put a plexiglass covering the gap. the vent goes through the plexiglass so there is no damage to the wall or... [more]
Hi there, I live in a pre-war co-op with about 60 units. I did a kitchen renovation this fall with all the proper procedures. We did a last minute change to replace the under-the-cabinet microwave with a range hood, which vent through the window (we lowered the top kitchen window and put a plexiglass covering the gap. the vent goes through the plexiglass so there is no damage to the wall or window). We didn't put it in the plan submitted to the management since it is a last minute change and I never gave it a second thought since there are multiple units (probably around 10) in my co-op (different building but same layout) community have the same thing.
We got a notice, however, recently from the management company stating it is a violation of the building code/co-op policy that no ventilation should be done within 10 feet of any windows. They state they will contact the co-op attorney if I fail to remove the vent.
My kitchen window is between my second bedroom and bathroom so it is not bothering any neighbors, who have no problem with my installation. And given there are multiple units that have the same installation it really catches me by surprise. I am wondering if in your guys' opinions the management company has a legitimate case against me or they are just enforcing their policy selectively (I don't believe other units have received such notices)? Thanks in advance for any advice.
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Response by jelj13
over 10 years ago
Posts: 821
Member since: Sep 2011
Give them the list of all the apartments that did the same thing.
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Response by Aaron2
over 10 years ago
Posts: 1706
Member since: Mar 2012
The building may have recently decided to stop permitting such venting, and you were the first ones to renovate under the new rule. In any event, what you installed was not what you submitted, and therefore not what they approved, so yes, they have the right to request the removal. You can point out that others with the exact same configuration as yours already have done this, and you thought it wouldn't be a problem, but it's a weak argument.
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Response by uptown_joe
over 10 years ago
Posts: 293
Member since: Dec 2011
The question is whether this is a coop policy or a building code policy. If the latter, they have no discretion, and the only question for similar installations is when the building code requirement took effect and whether it must be applied retroactively to previous installations.
If you feel really strongly about it, ask where the policy originates (coop 'best practices' vs city building code legal requirement) and if it is the city codes you could arrange your own consultant to review further and determine if there is a different interpretation available to modifications of existing buildings.
Realistically you should just swap it back to a recirculating model and be done.
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Response by nychomeowner
over 10 years ago
Posts: 37
Member since: Mar 2014
We vented our stove and dryer but got DOB and building approval first. I remember the architect saying something about the minimum distance from other windows being a DOB requirement but can't remember the specifics. You should check the DOB rules first to make sure it is at least code compliant before you try to fight the building. At least if it's code compliant, you may have a little more leverage. Good luck. Would be a shame to lose your vented stove!!
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Response by Admin2009
about 10 years ago
Posts: 380
Member since: Mar 2014
" last minute change "
famous last words
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Response by bramstar
about 10 years ago
Posts: 1909
Member since: May 2008
You cannot just oops! make a "last-minute" through-wall alteration without getting prior approval. As anon points out it is very possible the co-op recently changed its rules re: vents and the units to which you are referring are grandfathered in. You can try to appeal to the board but truth be told, they're likely pretty irritated that you slipped this in without going through the proper approval process so your appeal may fall on deaf ears.
Give them the list of all the apartments that did the same thing.
The building may have recently decided to stop permitting such venting, and you were the first ones to renovate under the new rule. In any event, what you installed was not what you submitted, and therefore not what they approved, so yes, they have the right to request the removal. You can point out that others with the exact same configuration as yours already have done this, and you thought it wouldn't be a problem, but it's a weak argument.
The question is whether this is a coop policy or a building code policy. If the latter, they have no discretion, and the only question for similar installations is when the building code requirement took effect and whether it must be applied retroactively to previous installations.
If you feel really strongly about it, ask where the policy originates (coop 'best practices' vs city building code legal requirement) and if it is the city codes you could arrange your own consultant to review further and determine if there is a different interpretation available to modifications of existing buildings.
Realistically you should just swap it back to a recirculating model and be done.
We vented our stove and dryer but got DOB and building approval first. I remember the architect saying something about the minimum distance from other windows being a DOB requirement but can't remember the specifics. You should check the DOB rules first to make sure it is at least code compliant before you try to fight the building. At least if it's code compliant, you may have a little more leverage. Good luck. Would be a shame to lose your vented stove!!
" last minute change "
famous last words
You cannot just oops! make a "last-minute" through-wall alteration without getting prior approval. As anon points out it is very possible the co-op recently changed its rules re: vents and the units to which you are referring are grandfathered in. You can try to appeal to the board but truth be told, they're likely pretty irritated that you slipped this in without going through the proper approval process so your appeal may fall on deaf ears.