If my co-op started to impose fee to harbor dogs, how can I fight this charge?
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If my co-op started to impose fee to harbor dogs, how can I fight this charge?
I am a shareholder. The board of the directors of my co-op apartment building decided to charge a $60 per dog fee.
Asked on May 4, 2012 under Real Estate Law, New York
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
Look to the proprietary lease and other documents which govern the co-op, as well as to any documents (e.g. bylaws) governing the co-op board. If the board has the power or authority to do this under the governing documents and, furthermore, has exercised that power appropriately (e.g. took whatever vote, after whatever notice, was required), then it can impose the dog fee. However, if the documents do not empower the board to do this, or the board did not wield its power in accordance with the governing documents, the vote would be illegal; if you refuse to pay, they'd have to sue you to get the money or take other action against you, and you'd have a good chance of winning in court.
However, since if you fight the board, whether you are in the right or wrong, it may come down to litigation, and litigation can be very expensive in terms of time, money, and effort/stress, it may be best to pay the fee rather than fight it.
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