New York's Cooperative and Condominium Community
A few shareholders in our building have made one and two bedrooms out of their studio apts (really!). They put in full sheetrock walls to ceiling and glass sliding doors wall to wall, floor to ceiling. Should we be concerned that they are not getting permits from DOB and there is no record of these walls on the building plans at the DOB and in case of fire, the firemen will not know these walls exist? They didn't file alteration agreements with the Board or Co-op as pertains these walls either. Would appreciate any guidance here.
Thanks,
Does your Coop have an alteration Agreement policy? The is a legal definition for each type of apt and what a room constitutes under the housing code. I would have to wonder about the legality of sales and listings, misrepresentations of fact, etc. in calling a studio a 1 or 2 bedroom apt. A loft is not an over-sized studio as such. I would hope that no architects are involved because to fail to apply for a new C of O for the unit would be a problem for them, and a renovation that didn't meet code would be as well. But, this also affects the share distribution and valuation as well. IF someone has a 2 bedroom should they be paying higher maintenance than a studio? Given the fact that occupancy regulations are specific as to how many adults, and minors can occupy a space rated as a studio, one, two bedroom etc. the amount of square footage, windows etc. In NYC a room has to have at least one, to be counted as a legal room.
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While my co-op has not allowed putting up walls, we have allowed 3/4 high partitions on a temporary basis to further divide space (say for a home office). The partitions have to come down when the unit is sold and the space cannot be marketed as an ‘extra bedroom’.
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This is not legal on many levels...such construction first requires board approval (and if folks did not ask you, then they are in the wrong), which is likely not to be granted because of DOB regulations (a studio is a studio for a reason)...fire and construction otherwise. If the DOB were called in for an inspection, these units would be found essentially breaking rules. I would say the owners were blatantly ignoring a set of co-op and DOB laws. Time to set everyone straight.
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