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Hi Everyone,
Does anyone know if a coop board is legally required to put bars on a 1st floor window? Also our board is pushing through such an action despite the objections of the treasurer and asst. treasurer and a pending $141k oil bill that we are not sure how we will pay. As treasurer I feel that the board is going behind the backs of the people who are in charge of managing the money to pay for non-emergency items. The president called an "emergency" meeting about the bars and recruited a board member who has only attended 2 meetings all year in order to vote for the board to pay for the windows despite my financial objections. Does anyone have any thoughts on what i should do next, i am so frustrated and think that spending actions like this are one reason why the building is in such dire financial straits.
In this instance, I'd say the Board should check with your co-op's legal counsel for an opinion on the liability issues involved. My gut says it's the responsibility of a Shareholder for the windows in their apartment, and the responsibility of the co-op for bars on windows in the common areas.
How is this any different from gates on windows off fire escapes, which are up to individual Shareholders?
Regardless who is responsible the coop should make sure the bars/gates are of the approved kind. You do not want anyone trapped inside in case of fire.
Check with your co-op counsel; if you wish not to spend money check the NYC Builidng Code as to what is required.
Finally, if it is not required, your Board may wish to keep it standard. So, you may wish to have the Board specify the type of bars (ornamental, plain, with A/C space accommodation, etc. so that the first floor is standard.
AdC
In my view, it depends. If the building is in an area which experiences higher crime rates than neighboring areas or where street level break-ins are prevalent, then it may behoove the co-op to install “security bars” as opposed to child safety guards.
But, it is not cut and dry.
In this case (crime deterrence vs. child protection), an owner subject to a break-in may be able to sue the co-op for not protecting the owner’s quiet enjoyment of the domicile.
The counter argument is that the shareholder can install a suitable burglar alarm system to deter break-ins.
Since the safety of all residents, not just those on the ground level, is important to all residents and the quality of life in the building, it can thus be opined that the co-op should upon prudent reflection fund and install aesthetically pleasing security bars.
Do you want the bars? If you want the bars and the building is telling you to pay for them then they are correct. If they want the bars and you don't then I seem to recall a recent case where the building wanted to put the bars and the shareholder didn't want them. The shareholder won. If they want the bars and want you to pay, they should pay you for the decrease in value for your apartment. What about an alarm system?
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According to a discussion on tenant.net, the lessor (the co-op corporation in your case) is NOT required to install security bars on windows, only child safety guards.
I have no idea if this is accurate, but the poster seemed pretty sure about it.
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