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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?
Response by truthskr10
over 6 years ago
Posts: 4088
Member since: Jul 2009

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.

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Response by 30yrs_RE_20_in_REO
over 6 years ago
Posts: 9876
Member since: Mar 2009

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.

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Response by billkenn
over 6 years ago
Posts: 1
Member since: May 2019

Very informative. I'll check it out. Thank you both very much!

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Response by ronwass
over 6 years ago
Posts: 17
Member since: Dec 2018

Of course, you can always ask for the 3 month thing claiming cash flow hardship

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Response by Anton
over 6 years ago
Posts: 507
Member since: May 2019

WTF is OPP?

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