
“I am a shareholder of a Co-Op property. In 2003, the board of directors voted to decrease all association dues by a 10%. Now they voted to increase them by a flat $15 for all shareholders, thus benefiting those with higher dues. As of a few years ago, the corporation paid back its mortgage and is no longer under HUD.
I complained that the occupancy agreement states (with regard to carrying charge adjustments) “No member shall be charged more than his/her proportionate share of the expenses” and the recent adjustment was clearly equal, not proportionate. My written complaint was delivered to the corporation’s attorney. I was told that the attorney concurs that the decision was appropriate.
Is this really legal or do I have any options to challenge the decision?”
You certainly have options to challenge the decision. You should check the governing documents of your co-op to see if there is an appeal or oversight process for your complaint. Failing that, you have the right to some sort of oversight–usually by a court, but your governing documents may require that you submit a controversy to mediation and/or arbitration.