Assessment term of payment
Started by billkenn
over 6 years ago
Posts: 1
Member since: May 2019
Discussion about
Hi Everyone, I got a notice from the board of my coop where I am a non resident owner, about an assessment needed for urgent repairs to the building. The board have said that non-resident owners are obliged to pay upfront and in 1 instalment, while resident owners can opt for 3 monthly instalments commencing on the same date as the 1 time upfront payment. Is that legal?
Possibly if its in the bylaws/proprietary lease which I doubt.
Otherwise Im fairly certain thats not legal.
I would start off nicely informing its not legal to do so (after confirming its not in the lease) as you dont want to be at war with a board who ultimately is okaying your subleases to outside renters (if thats what you mean by non-resident owner).
First thing you want to do is go over your proprietary lease and any ammendments with a fine tooth comb.
I would be willing to bet that there is nothing in the Offering Plan allowing this because it would be setting up 2 classes of shares which is specifically not allowed in Residential Coops. However, as I often state the Coop Attorney is probably telling the Board they can do WTF they want to and your option is to start a very expensive lawsuit which you will be funding with your $ and the board will be defending with OPP.
Very informative. I'll check it out. Thank you both very much!
Of course, you can always ask for the 3 month thing claiming cash flow hardship
WTF is OPP?