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I don't know what to do. I own a condo in NY. There are 55 units. Over the past 10 years unit owners have done massive construction to the inside of their units ... finishing loft areas to create bedrooms (with electric, walls, flooring...) and finished basements with bathrooms. I have repeated complained to the Board that unit owners were NOT in compliance with bylaws which state NO construction without Board approval. I complained that they did not have building permits, Board approval and may have created a safety concern. One of my biggest complaints was that these improved units are much larger and more modern than mine and paying 1/4 of the monthly maintenance. recently I found out that a couple of Board members have done their own interior constructions. I have letters going back 10 years but the problem is there are so many owners that have done illegal improvements I can't get support. The Board will NOT allow me on the Board. Suing is an option but it will cost so much to win that my victory may not be worth the legal investment. I feel these modified units have depreciated my unit (they are 20 years newer with a quarter of the monthly maintenance) and a safety hazard. There are a few unit owners in the same position but we all have no idea how to avoid high legal fees. I went to the town planning board who conformed that building permits are required to build walls, flooring and electrical. I suggested an amendment to change the PICE but have been halted because we need a 100% vote of owners..
HELP HELP HELP...THANK YOU THANK YOU THANK YOU
Sounds like everyone but you is doing unapproved renovations. Have you made any complaints about construction without a permit to the Dept of Buildings? (I'm assuming you live in NYC, but if not, your town must have some similar department). I'm not clear why the other units are larger than yours and you state that they are paying 1/4 of the maintenance. Usually maintenance charge has something to do with square footage, available amenities such as a yard on the first floor or a balcony, or the floor of the apartment (higher has better view).
You also say that the board won't allow you to be on the board, it's usually up to the other owners to vote you on, not up to the board. What are you offering to bring to the board?
Yes the monthly maintenance is PICE - percent to common interest elements where the square footage is the #1 factor. Our bylaws state that we cannot change the PICE without 100% approval...despite having so many folks noncompliants with bylaws. I am still shocked that the bylaws carry no weight. I have gone to the building inspector who said they are in need of building permits and I can have a code enforcement officer inspect. BTW - they had to rewire the fire alarms last week because many units forgot to connect after they did their improvements...
SO BUMMED.
Thank you for your response. I have 10 years worth of letter writing and complaints...the issue is that many folks have put in HUGE elaborate lofts that are functioning as bedrooms - complete with doors and electrical. As stated against bylaws with no building permits...The monthly maintenance on these units is $250 (they are only legal 2 bedrooms and mine is $630 because I am the legal 3). The condo's calculate monthly fees by PICE - the square feet as built is the #1 calculation. By allowing units to construct square feet they have APPRECIATED these units because they are newer with significantly lower monthly costs and DEPRECIATED mine. This is a HUGE problem...I am not alone but there were FEW 3 bedrooms built to keep them "exclusive" - there are 3 families fighting against 16=20 who do not want change the system because they are getting over by not paying - they could care less about safety, building permits, or unlicensed work. I APPRECIATE YOUR TIME RESPONDING. I am so desperate...and attorney will cost us so much $$$...we are getting hurt from every angle....
Thanks again....
Thank you for providing more detail; I now have a better appreciation of your concerns.
Here's what I would do: Write a letter to the board and from all of the FEW 3 bedroom unit owners identifying 1. the issue; renovations have been allowed to units impacting structure, electrical, plumbing (in some cases) and usable square footage thereby increasing live able space/bedrooms. 2. as an owner, you would like to know if the maintenance fees have been adjust accordingly to that of a 3 bedroom unit. 3. this issue has been raised before with little success in obtaining any answers. 4. give them a deadline such as 30 days to respond otherwise, you intend to contact the Attorney General's Office to file a complaint and request an investigation.
If they do not respond, then you call the attorney general's office.
http://www.ag.ny.gov/contact-attorney-general
I appreciate your time! I will keep you posted...fingers crossed.
I would also ask them if when the units are renovated and electrical impacted, do they engage an electrical engineer to ensure that the buildings grid has not been impacted / overloaded and for (fire) safety reasons.
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There is little you can do in the immediate and I know from experience as we have the same issue in our building and I am on the board. Many owners have upgraded their unit and have not adhered to the by-laws. Sometimes we don't even know that renovations are or have happened until after the fact. Are we a negligent board? No. The problem is much bigger than us. I think instead of accusing the board of wrong-doing, approach them on the basis as "what can we do, together, to address this situation". Understand that the board pursuing legal will cost money and especially to go retroactive and in the end, as the reno's are already done, would probably lose as "x" amount of time has passed. Even if the they were to get more pro-active with planned reno's, is it fair to those individuals that now want to upgrade their unit and are not allowed to but others have done it (think of yourself; would it be fair to you?). You raise an interesting point regarding maintenance fees; should these owners now pay an increased fee? I think if you were to write a letter to the board and signed by a group of like minded owners and asking to meet with them in a non-confrontational/accusatory way, they will want to meet with you. In addition to your complaints, come with solutions to be considered including offering board assistance as a "special board committee" to evaluate the situation, number of units that have changed, potential impacts to the building (electrical, plumbing), hiring a engineer to assess renovation structural impacts,if any, maintenance assessment scenarios etc. It's a big problem and I assume your board are volunteers like us. As I said, the problem is bigger than us and needs a plan in order to address to it.
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