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I live in a Brooklyn coop where window ac's are not allowed in the windows unless consent is given (oral and/or written). When I moved into the building my wall units were blocked off, and I installed 2 window units in September 2008. I had been given verbal consent by the property manger at that time. A number of other apartments have window units in the building. The building went through some exterior renovations and installed updated sleeves for wall units the building has installed updated wall unit sleeves in all the apartments. During the exterior renovations my window units sustained damage that caused them to no longer operate. I took the Management Company and coop to small claims court due to the damage. The coop settled with me outside of court due to the damage to the air conditioners. Since that settlement I have received several threatening emails from both the property manger and board members. They claim that I am not allowed to have window units and that I will be given fines if I do not remove them. This was quite interesting since several apartments still have window units. The property manger even sent me a harassing email indicating that I was violating several laws and could face significant fees. My windows face the back of the building where no pedestrians walk, even though the board and management claimed that my window AC's pose a risk to people on the sidewalk. There are still a number of apartments in the building with AC's in the window. There has never been a posting indicating that window AC's need to be removed. What should I do? Should I consult with an attorney? Is the barrage of emails from the managing agent and board considered legal harassment?
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Hi, ab,
Cutting to the chase, you're probably going to have to remove your window a/c. If the board decides to prohibit them, they may do so, and a judge will most likely side with the board because it has the right under New York State corporate law to run the business as it sees fit (as long as they're acting fairly).
But you think they may be singling you out, which wouldn't be fair. However, you also mention that the e-mail(s) you have received refers to pedestrians on sidewalks being hurt. That is probably because it was a standard e-mail that went to everyone. So it sounds to me as though everyone is being treated equally. If you still think you're being singled out, you can submit the apartment numbers of your neighbors who have window a/c units or simply point out that you're not the only one violating the rules.
You also suggest that the safety of your a/c is irrelevant because your windows don't face a sidewalk. But even windows that face an alley (or other service area) present a danger. After all, the laws of physics apply no matter which way a window faces: an a/c can fall even if it's over a rarely used space. Your super could be killed if an a/c falls on him, no matter what you call the spot he's standing on.
The city requires window a/c units to be properly installed with metal brackets. In my building we require a licensed professional to install them (yes, the city licenses a/c installers). You can be fined if the fire department or building inspector decides your a/c is improperly installed. This is rare, but most people have never heard of it.
As for the lack of a "posting indicating that window AC's need to be removed," posts don't matter -- although they're a nice courtesy. What matters are either the house rules (which may point out specific rules about things in windows) or your proprietary lease, which gives the corporation the authority to decide what can and cannot go in a window.
So even if window a/c's were once permitted, the board may have changed the rules.
If you're still hot under the collar, save yourself some money and check both the house rules and proprietary lease before contacting an attorney.
The bigger question to me is this: how are your wall units blocked? From the inside or the outside? If they're blocked from the outside, the co-op is responsible for clearing the obstruction; I would negotiate to keep your window units (assuming they are properly & legally installed) until the wall units are unblocked.
If they're blocked from the inside, you will have to undertake the work to clear them.
The bottom line to remember: the co-op owns the windows, and has the right to decide what goes in them. It's one of the choices you relinquished when you signed the proprietary lease.
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