I Disagree with Changes Made to My Co-Op’s Occupancy Agreement, What Can I do?

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“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.

[NOTE: Articles and answers on DearEsq., while written and published by lawyers, do not constitute legal advice, and no attorney-client relationship is formed by your reading of this information. You should always consult with an attorney for any legal situations.]

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.



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Author: House Attorney

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