Does floor staining count as a renovation?
Started by mxg
over 9 years ago
Posts: 1
Member since: Jun 2015
Discussion about
I applied stain to the hardwood floors on my co-op apartment and now I'm facing a fine from the board for performing a renovation without obtaining approval. Is there a way I can appeal this violation? I did a non-structural change and I didn't hire a contractor to perform the work. Also I didn't sand the floors - that was done by the previous owner before I made the purchase.
I'm curious about this too. When I saw the UES "Mayflower" coop -- infamous at http://streeteasy.com/talk/discussion/26084-building-at-245-east-87th-street for having an overstrict board -- the agent said that the board would permit replacement of a shower curtain with shower doors, which also seems, to me, irrelevant to other owners.
There's no Newtonian law as to whether it is or isn't; it depends on what your building policies say. In my co-op it would be "decoration" and you would be asked to file a Decorating Agreement and post a smaller deposit than if you were doing a full renovation.
I would look for a friendly board member and plead your case - not ignorance (because you probably signed something acknowledging building policies as part of your purchase application) but arguing whatever mitigating factors you can - you spoke to the Super or a building handyman, used a low VOC product, worked during a week when you thought your neighbors were away in the Hamptons, etc.
Ali r.
{ downtown broker}
In my coop, the sanding must be approved. If you bring in anyone from the outside to do the staining, this must be approved. However, usually someone sands and stains at the same time.
Write your question to the New York Times ask real estate column. That's what I did, and enjoyed knowing that board members could recognize themselves in my question and the Times' answer. Then, just pay the fine. Because you can't argue with a co-op, you signed a lot of your rights away to live there. Just wondering, how did the board find out? Odor? Did the doorman flag your coming in with cans of stuff?
mxg, it is certainly unusual to count this as reno unless you live a very stuffy coop, which I doubt as you will unlikely stain the floors yourself if you lived in one of these. As Ali suggested, approach a friendly board member and explain that there was no sanding and no outside contractor and you apologize if you caused any inconvenience. Separately, check the house rules and see whether you really needed permission for this. At the end of the day, if you think house rules do not prohibit that, you do not have to pay the fine after you have explained politely. You can also make noise at the coop annual meeting which the board never likes. It seems there is a prickly neighbor complaining.
MXG,
You should fight it as you can claim it is basically the same as painting your own apartment.
How did you stain your floors without sanding them first?
Did your staining cause odor emanations? If so that can be a no-no for many co-ops without prior approval.
When you say say "I applied stain to the hardwood floors" do you mean you did it yourself?
Have you read your bylaws and house rules? Are they specific in pointing out staining floors or painting walls? If not it is very arguable.
The co-op cannot really stop you, or fine you if you have condo/co-op insurance and did the work yourself unless it is specifically pointed out in the house rules/bylaws which you would have signed when buying.
Otherwise people would be fined everytime they hammered a nail in a wall to hang a painting.
If you hired someone, you absolutely need(ed) to fill out a minor alteration ( or decoration) agreement.
I know when it come to sanding, my building is very particular about making sure the unit's door frames are well taped and air tight for the dust.