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I was just elected to my condo board in Brooklyn. About a month ago I returned from a work trip and the hallway leading to my apartment was suddenly 15% narrower. Very surprised since I was never notified beforehand, I spoke with the building manager and he explained that a few units (including the board president) wanted to run mechanicals to the roof for air conditioning and other services and the “bump out” was necessary to accommodate the new service lines. Not only does the new hallway look narrower (more like a tenement than a luxury condo), but it will be much harder to get furniture in and out of my apartment because of the reduced turning radius. It is also much tighter with a baby carriage and groceries.
As a new board member I raised concerns that a portion of the common element was “occupied” for the benefit of specific unit owners. The board president explained that he personally paid for installation of the new wall and that the new “service” space could be used by other units owners in the future if they chose. Also, no fees were paid by the unit owners benefitting from this additional space, it was “gifted” to them. Are Boards allowed to have individual units owners alter the common elements such that the space is no longer usable by al all residents?
Hi
You should double check that your condo/building didn’t pay for this? Check the monthly financial reports now that you’re on the board. Also did they need a permit to do this? Who did the work?
The fact that it wasn’t communicated to you and it affects you is wrong !
Hallways are a minimum of 3 feet wide, an Engineer should have been retained to get drawings submitted to the DOB and approvals and have permits pulled, Cover your bases and exposure to lawsuits, Definitely a means of egress concern plus the, C of O " Certificate of Occupancy. Action is required.
Also check the monthly board meeting minutes. All this had to of been discussed multiple times and a Board vote should have taken place to do this project.
Per: "If the FDNY decides it's an unsafe condition, the dispute becomes your building vs the FDNY and Dept of Buildings and you can remain out of the action." ... Keep in mind that if it doesn't meet FDNY safety standards, your coop can/will get fined. That's an issue between the FDNY and your coop or board. And unfortunately, fines that fall on the shareholders. ; (
The overall footprint of the shareholder's property increased too there could be a cost associated. Flipside common areas shared by everyone is more of an issue no dought.
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It's my understanding that since the halls are "common elements", and change to the ownership of any part of a common element requires a shareholder vote. In these instances, no special status or privileges are conveyed to board members and board officers. They are treated the same as all shareholders.
It's my gut feeling that what the president did by arbitrarily appropriating a part of a common area, even if they paid for the space and improvements out of their personal funds, is not allowed.
My suggestion is to hire an attorney to review the co-op's foundational documents and advise on how to proceed. It would be helpful if you could get other affected shareholders to split the cost. Unfortunately, since you raised the issue after the additions have been completed, you may have to bring a court action to have anything reversed. This is not cheap. The attorney you hire will advise you.
Something else I just thought of. Measure the width of the hall at the narrowest point and research if this is smaller than fire and building codes allow. If the FDNY decides it's an unsafe condition, the dispute becomes your building vs the FDNY and Dept of Buildings and you can remain out of the action.
Good luck.
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