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Many co-op boards consider A/C units a privilege rather than a right. Can anyone explain the legal basis for such a policy?
@WestchesterCoop
A right. This is the 21st century. By any practical sense in the world, we have a right to a stove, a refrigerator, air conditioning, running water, toilet facilities and other hallmarks of a civilized society. Do we need anything of these things? No only in the most technical sense -- we could use a hot plate, keep food in a bucket of ice, etc. But in any civilized sense, yes, a/c is a right.
It depends on your proprietary lease, black book and house rules. If they all silent then it is a privilege, if they are addressed then they would be a right based on what is written.
Under the PL's lessor's responsibility, co-ops are 99.9% responsible for windows. Consequently, the prescription of use and rights of windows remain with the lessor or corporation. The lessee may be called to maintain the window and, in many co-ops, balances and other hardware may be identified with the responsiblity of the lessee to maintain or replace due to wear-and-tear. The installation of the A/C in a window may be prescribed by the co-op and the co-op may recover or charge for preventive work due to A/C drips caused by lessee A/C installed units.
Under the PL's lessor's responsibility, co-ops are 99.9% responsible for windows. Consequently, the prescription of use and rights of windows remain with the lessor or corporation. The lessee may be called to maintain the window and, in many co-ops, balances and other hardware may be identified with the responsiblity of the lessee to maintain or replace due to wear-and-tear. The installation of the A/C in a window may be prescribed by the co-op and the co-op may recover or charge for preventive work due to A/C drips caused by lessee A/C installed units.
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A privilege. In my co-op anyone with a window A/C pays $100 each season to have the A/C in a window. The reason is that water condensates may potentially damage the ornamental brick.
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