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Tina
Tina, Lawyer
Category: Real Estate Law
Satisfied Customers: 5436
Experience:  17 years of legal experience including real estate law.
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I am a shareholder of a NY Coop that is highly neglected and

Customer Question

Hi:I am a shareholder of a NY Coop that is highly neglected and not maintained well. I have purposely avoided not paying my maintenance fees as i can not truly understand what i am paying for considering the disgusting untamed conditions as well as lack of hear in year 2016 and constant boiler issues therefore hot water interruptions. Two weeks ago i sent a letter to management demanding they take action to provide better living conditions and most importantly safer conditions or i will continue to not pay maintenance. I also offered them to allow me to hire someone to take care of the priorities which i will pay for then have deducted from my fees. No one has gotten back to me.At this point, I am desperate to have certain things done in the building and wanted to know what the best way would be to go about it without a.) putting myself or the persons i hire at risk of some sort of violation or b.) having the work stopped c.) breaching NY laws for such matters.I am hoping someone could advise what i am allowed to do and what i could do and how to go about it. Do i need permits or a specialized person?Thank you
Minela
Submitted: 2 months ago.
Category: Real Estate Law
Expert:  Infolawyer replied 2 months ago.
Greetings! I am a legal expert on the site and am working on your question.On review of your facts, you have a good case.If you sue in court you may end up with a judgment. The judgment generally allows you to levy on bank accounts, lien real estate and work with the sheriff office civil enforcement division. Many lawsuits result in settlement - which expect the judge to encourage.You stand to recover not only your actual losses (compensatory damages) but also interest, costs and legal fees. on occasion special damages (punitive damages) are also available.By being prepared and pressing your claim, the other side should feel the pressure and consider the risk of losing and legal fees. That realization can help bring about a settlement!Doing work yourself would require a licensed contractor but the hoa may not allow it so going through court is recommended and also to avoid hoa placing a lien improperly.please let me know if that is acceptable by replying "Yes" or "acceptable".
Expert:  Infolawyer replied 2 months ago.
Awaiting your reply, thanks
Customer: replied 2 months ago.
Hi there and thank you. I want to be sure your response is in relation to NY laws, correct?
So what exactly are you suggesting at this point? Should i not hire anyone but rather hire an atty to sue them? That is not what i wanted to do. Do you recommend i go to landlord tenant, housing court ? What exactly can i do?
Expert:  Infolawyer replied 2 months ago.

Related to NY, I am in NY

Expert:  Infolawyer replied 2 months ago.

I would recommend you have a lawyer reach out to negotiate a settlement.

Expert:  Infolawyer replied 2 months ago.

please let me know if that is acceptable by replying "Yes" or "acceptable"

Customer: replied 2 months ago.
Ok, thank you.I was hoping not to have to hire an atty. I was hoping they would actually care enough to address my letter and concerns.
I am not interested in a settlement but rather them to allow me or for they to immediately fix the issues.What kind of settlement? I am truly not understanding. What if one does not have money to hire attorneys, what are that persons options? My unpaid maintenance fees are now exceeding the amount i expected to use to pay the updates/renovations etc. I do not want my unpaid fees to accumulate to a very high amount owed.
Customer: replied 2 months ago.
i worry i will not get an attorney who will do this for me on my budget . I cant afford an atty so what now?
Customer: replied 2 months ago.
What about if i also send a full copy of what i sent to Management to HPD? DO you think that would help?
Expert:  Infolawyer replied 2 months ago.

You can negotiate direct, threaten legal action and demand and compromise with repairs which obviously is cheaper and better for them.

Expert:  Infolawyer replied 2 months ago.

You can do all of the above without a lawyer! Good luck! Housing court is available of course as needed as is the state supreme court and its pro se clerks offices.

Expert:  Infolawyer replied 2 months ago.

Is my reply acceptable?

Customer: replied 2 months ago.
If they arent responding how do i negotiate anything. What about HPD?
I guess i have to waste more time, inure more monthly fees and late fees and then hire an atty all while not even wanting to return home after a long day bcs i know what awaits me. A NASTY BUILDING WITH ROACHES AND STICKY WALLS AND KNOBS DISGUSTING AND ODOROUS ETC . This is absurd.
Expert:  Infolawyer replied 2 months ago.

If they wont negotiate you can report to HPD and file an HPD complaint in court which will send an inspector and schedule a hearing.

Expert:  Infolawyer replied 2 months ago.

The court can issue an order requiring these issues be fixed and require you get compensated!!