Raising common charges without vote
Started by Nyorker
over 7 years ago
Posts: 0
Member since: Sep 2018
Discussion about
Hi, 1st time poster and condo owner in NYC. Since moving in, I have had the typical terrible experience with a non-responsive building management and board president. Our building has deep structural problems that causes leaks during rains, leaks from pipes, pointing and roof issues. Yesterday, we were notified by flyers that the board has made a bulk agreement with Spectrum for cable and internet... [more]
Hi, 1st time poster and condo owner in NYC. Since moving in, I have had the typical terrible experience with a non-responsive building management and board president. Our building has deep structural problems that causes leaks during rains, leaks from pipes, pointing and roof issues. Yesterday, we were notified by flyers that the board has made a bulk agreement with Spectrum for cable and internet packages, raising our common charges $49/month. I have been looking through our bylaws and am ready to contact the state AG (for the fourth time) to help communicate with the building manager and company. Is anyone in nyc familiar with condo bylaws that are regulated by either the city or NY state? It seems illegal for a board to apply an assessment with a vote. Any help would be greatly appreciated. [less]
How many apartments are in your building, and how many people are on the board? Has a board meeting been held recently? I'm pretty sure buildings are required to hold board meetings and allow unit owners to provide input during those meetings.
Usually a bulk deal with a cable vendor would only affect those tenants who choose to opt in (or are already customers of the cable company), and it ideally should lower, not raise, the cost to the individual tenant. And it should not affect your maintenance charges - any change in cost should only be reflected on your Spectrum bill.
But getting back to your actual question--a board has the power to raise common charges as needed. It does not require a full owner vote to raise common charges.
Squid is correct about raising common charges in general. You need to read your Offering Plan (I don't know why people refuse to read the document which governs how they will own and live in one of the most important investments in their lives) to see the exact language regarding setting of budget/common charges as well as article 9-B of the Real Property Law, which is commonly known as the Condominium Act.
Boards can make that decision, it's a typical right and don't need majority approval of owners. I own a few buildings in the city and have seen this happen many times.