I have owned/lived in a coop in Westchester NY since 2001 and this past summer the outside parking lot where my parking spot is was repaved and relined. My parking spot was reduced 2-3 feet and it is not more difficult for me to pull in and out of my spot. I purchased this parking spot and it has separate shares from my apartment. I have been fighting the property manager over the reduction of my space since June. At first they ignored my request to resize my space. Then they lied multiple times claiming that they made my space 2 feet longer. After calling them out on the lies, after 4 months I receive a new letter from the Board claiming that my parking space will not be resized and they did it for the good of all the shareholders to make more clearance in the driveway for snow plow, etc. Suddenly, after 16 years they now need more clearance and they are allowed to take from my parking spot? My space is the middle space in a line of 3 cars against a wall so I must parallel park and they have resized my space that even a midsize car has difficulty parking. Do they have the right to reduce the size of my parking space without any notice or discussion? This issue will affect my resale considering anyone who wants to purchase my apartment cannot have a car larger than a midsize sedan. My car is a subaru legacy sedan and they only gave me about 2 feet of extra space. Not only did they shorten my space but they moved the location of a space that is on the other side of the driveway so that it is also in my path when I have to back up. Parking is now causing me anxiety as I have to be super careful not to touch any other cars and it also takes me longer to park as I now have to pull forward and back 4-5 times to get fully into my spot.
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If separate shares were issued for your parking spot then you should be able to find good information about what your board can and cannot do in either your proprietary lease and/or any supplementary documents related to parking spaces. A board cannot arbitrarily change the size of a shareholder-owned space because doing so affects the value of the underlying shares.
There are a lot of legal issues in play here. I would take PC#1's advice and contact an attorney, even if the board reduced the size of every parking spot. There would need to be a proper paper trail and I would think at least one shareholder vote authorizing the change is size and the underlying share value.
Thanks for your response. They reduced the size of the spot behind me also but that car does not have to parallel park-it is the last car in the row so they just pull right in from behind with no car behind them. Yes, I purchased my parking space and pay a monthly maintenance charge which I have withheld since July. Up to this point they have been claiming they increased my size yet suddenly change tune and claim "for the safety of all shareholders" as basis for their right to take from my space. I am planning to go to court as this definitely affects my resale value I believe and causes me daily anxiety. I had spoken to the board president not long after this started and she didn't seem to know anything about it even saying "why don't they just repaint the lines? Seems easy enough" which leads me to believe that the property manager made these changes without even consulting the board first. Regarding the contract, the parking space is just a number of shares so there is no mention of size or changes. It is just a separate certificate of shares for the corporation.
You said that you had shares allocated to this space, that makes me assume that here is also a Lease or Agreement of occupancy for the space, correct?
Does it specify the location and/or size?
My MA is a liar also, they all seem to use the same playbook. I will never purchase another co-op.... They lie lie lie deny deny deny and they need be be regulated. The one who runs the coop now has some kind of brick obsession, ripping down walls and rebuilding. I am so 100% sure that their is graft and it involves some of the board members. What they are doing to the building (prewar) is revolting... No respect for the dignity of the building....it's as if they are raping the building. They are very sickening... The building is in one of Long Islands ghettos and the shareholders uninformed and they like it that way. They like to shoot the messenger, and they allow the same people on the board year after year. The board members know they have a flock of sheep so they do as they please. My apt is for sale and I have no empathy for any one of them. It's a shinking ship and as long as the same individuals are in charge......
Hope I can sell fast.... I will never purchase a coop again after the beating I took here. But once I am gone I am not going to forget them and all their lies. In fact I am planning a u-tube series where I expose them and all their lies. Some of them are really entertaining and since I recorded so many conversations I can play them so people can judge for themselves. Yea they want to shit me up.... That is not going to happen, there are to many rogue boards out there and they need to wake up.... Even if it means a shakeup...They are all in my cross hares and I had something special for each one of them. MAs and boards who think shareholders have no power need to rethink this stance, I am a teacher and I am going to teach them a lesson.
Hi, In the coop where I live they are imposing a 1.5 percent increase for 2018 and apparently for every year to come. They claim it's because "everything is going up". I've been living here for 4 years and only last year they didn't raise it. I see in other coops there is an effort in keeping cost down as it says on "our mission statement". Unfortunately there are not as many coops options here as you have in NY. Also if one wants to move out he/she will have to keep paying the carrying (service) charges apparently now from 6 down to 3 months if there is no buyer. Is this fair or even legal? Is this the way this issues are being handle in the "coops world"? I read in this forum about "lies", private "deals" and an overall lack of transparency to be common and also here. I'll appreciate your feedback. Thank you!
Hi PC - You are very lucky that you live in a co-op where the board recognizes regular and steady maintenance increases are much preferable to not increasing maintenance year after year. Your board is absolutely correct that everything is going up; taxes, salaries, supplies, professional services, repairs, the list goes on and on. 1.5% to 2% sounds just in line with inflation, which means your board is doing everything it can to keep costs down to the best of their ability. Those co-ops that do not raise maintenance may think their doing their shareholders a favor, but in the long run they're condemning their shareholders to ultimately absorb a very large maintenance increase (can be double-digits depending on how long the board ignores increased operating expenses) or a hefty assessment to make up the difference. Co-ops that operate with a deficit should be avoided at all costs.
As for continuing to pay maintenance (what you call a service charge) even after you move, you are still a shareholder whether physically present or not. Your unit is still receiving building services, and your monthly maintenance is based on all units paying their fair share. I doubt you'd be happy if you were required to pay any additional maintenance to keep the budget balanced if another shareholder (or two or three) moved out.
All in all, from what you describe, it sounds like your board is making good decisions and exercising good governance for the wellbeing of all shareholders. If you are considering moving solely because of what you describe in your post, I would seriously reconsider.
I've been a board treasurer for 10 years. I'd be happy to discuss this further with you offline if you'd like. I have these kinds of discussions with my shareholders all the time. Let me know if you're interested and I'll figure out some way of getting in touch with you.
Best of luck with whatever you do,
--- Steve
Thank you very much Steve for your response and your thoughtful advise. It would be very interesting and useful to discuss further with you although since I don't live in your area, it would only be possible through email. As far as leaving, I've considered the possibility. There are many things wrong with this coop which are difficult to describe briefly, not just the increase of monthly charges or who is responsible when someone leaves. I certainly appreciate your idea of continuing the discussion. Thanks!
Best,
Patricia
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Did the board shrink all parking spots or just yours? If you have this problem parking I would get the board to see that they have created a hazard by doing this to you which is causing anxiety and stress. Also you bought the spot am I correct and then pay monthly fee. If the board refuses to give you a larger spot I would contact a lawyer being the board has only reduced your spot and no other. Recheck your contract you signed when you paid for your spot to double check if the board has a right to shrink your spot at any time. Good Luck
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