Rights of a Shareholder Regarding Terrace Access in a NYC Co-op
Q: I reside on the top floor of a co-operative apartment in New York City, and I have a modest terrace that I cherish. However, every five years, during the scheduled Local Law 11 repair work, contractors invade my space, setting up caution tape, winches, ropes, and scaffolding. Unfortunately, the board has not been vigilant in managing this process, and the current repairs have dragged on for over a year. As a result, I have lost access to and enjoyment of a portion of my apartment for which I continue to pay maintenance fees. The proprietary lease of the co-op states that some access to the outdoor space must be provided if necessary, but the situation I am facing seems excessive. Do I, as a shareholder, have any rights to limit access or to regulate the duration that this equipment remains on my terrace?
A: Local Law 11 inspections and the subsequent repairs mandated every five years are crucial for buildings exceeding six stories. This regulation was instituted in response to tragic incidents involving injuries and fatalities caused by falling debris from neglected building facades. Therefore, your board is required to comply with this law, even if it causes significant inconvenience for the residents.
Checking your co-op’s governing documents was an astute first step in understanding your rights regarding access to your terrace. Additionally, you might want to explore whether these documents stipulate any form of compensation when your full use of the apartment is curtailed, as noted by Debra J. Guzov, a real estate attorney based in Manhattan.
In this scenario, it is not entirely clear that you would be entitled to a reduction in your maintenance fees. The board’s policy and calculation for any potential compensation depend on various factors, including:
- The specific language in the proprietary lease
- The board’s intent to foster goodwill with shareholders
- The financial state of the co-op
- Precedents set within the building
- Legal precedents applicable to such matters
You might consider requesting limited access to part of the terrace during the ongoing work, or encouraging the board to explore alternative staging areas for the necessary equipment. Additionally, you could advocate for the board to ensure that the timelines outlined in the work contract are being strictly adhered to.
If these approaches prove ineffective, a more assertive route could involve hiring a lawyer to draft a formal demand letter. Should that avenue also fail, filing a lawsuit remains an option. However, it is essential to understand that courts have historically sided with landlords in disputes like yours only in exceptionally unreasonable circumstances. A year’s duration may not be deemed excessively long for extensive facade repairs, as pointed out by Steven D. Sladkus, another real estate attorney in Manhattan. He emphasizes, “The board has to undertake these repairs to comply with the law. You are not being intentionally inconvenienced; it’s merely part of cooperative living.”
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