New York's Cooperative and Condominium Community

Habitat Magazine Insider Guide

HABITAT

Subscribe for Daily Updates!
empty coop apartment owned by heirsOct 11, 2024

HDFC coop here - one of the apartments has been vacant since the shareholder died more than five years ago. Nobody lives there, so nobody is keeping an eye on things to make sure there are no problems (leaks from the roof, etc.) that if not addressed immediately could become even bigger problems for the apartment itself, but also for the apartments adjacent and below to it. Needless to say, the apartment is also in dire need of a renovation. The heirs have supposedly been paying the maintenance all these years and are refusing to put it up for sale, because they are convinced that by holding onto to it longer, they'll make a ton of money. After many years and an ongoing legal dispute, the board has been refusing to give the rest of the shareholders any details about this contention (what I described I found out from someone with knowledge of it). I would like to know if it's legal for a person (or multiple people, in this case) to own an apt in an HDFC coop and not live in it. Shouldn't the law allow the coop to force the heirs to sell the apartment after all these years? And if they refuse to do so, shouldn't the coop be allowed to repossess it? Any advice would be appreciated.

Join the Conversation Comments (1)
empty coop apartment owned by heirs - Steven424 Oct 13, 2024

The HDFC rules and regulations can be very convoluted and difficult to decipher. An incorrect citation can blow your case out of the water and create additional expenses. You need to make the co-op's attorney aware of this situation immediately and let them handle it from here.

My real question is, why hasn't your co-op's attorney been dealing with this matter from the get-go and not five years after the fact? I hope the statute of limitations hasn't already expired and you've lost any remedies.

Thank you for rating!

You have already rated this page, you can only rate it once!

Your rating has been changed, thanks for rating!

Introduce yourself to other members of Board Talk! Login below or register here.

Board Talk members who registered prior to March 9th, 2016 will need to reset their password.

Register

Forgot your password? Click here

> Join the conversation Comments (1)
empty coop apartment owned by heirs - EW Oct 13, 2024

Thanks for the feedback. The current coop lawyer and the previous one have already been dealing with this situation, but they are not informing the rest of the shareholders about the status of this dispute with the heirs.

Thank you for rating!

You have already rated this page, you can only rate it once!

Your rating has been changed, thanks for rating!

Introduce yourself to other members of Board Talk! Login below or register here.

Board Talk members who registered prior to March 9th, 2016 will need to reset their password.

Register

Forgot your password? Click here

> Join the conversation

Introduce yourself to other members of Board Talk! Log in below or register here.

Board Talk members who registered prior to March 9th, 2016 will need to reset their password.

Introduce yourself to other members of Board Talk! Login below or register here.
Board Talk members who registered prior to March 9th, 2016 will need to reset their password.

Ask the Experts

learn more

Learn all the basics of NYC co-op and condo management, with straight talk from heavy hitters in the field of co-op or condo apartments

Professionals in some of the key fields of co-op and condo board governance and building management answer common questions in their areas of expertise

Source Guide

see the guide

Looking for a vendor?