Default notice from Coop management attorney

By Patrick Wang, Sr., Esq. posted 06-02-2017 06:24 PM

  
Dear mates:

Can you give me advice or suggestion or input in following scenario.

 

Client is coop unit owner. She replaced a rotten small kitchen cabinet located under the sink with new one with her own carpenter after waiting for  more than seven months to get it done through management and super of the coop. At first, the coop management agent recommended its own contractor to do the job. The contractor backed off on the day he was supposed to do the job saying the price agreed with client was too low and wanted double the price. client refused to pay since it is too expensive.The super and management was aware of the situation. Client also asked the super and management to do the installment by e mail and by person. They either ignored the request or gave excuse of being busy. Eventually, client used her own contractor and replaced the cabinet. Now client received notice of defaults under proprietary lease. I represented this client when she bought this unit and she came to ask me to help her. I am prepared to respond to this default with defense of unreasonably withholding the consent and this is more like maintenance than alteration or renovation or improvement.  

Any input, suggestions or advice will be highly appreciated.

Thank you.

Patrick Wang, Esq.
305 Broadway
Suite 500
New York  NY 10007-3643
Tel: 212-925-4884
Fax: 212-925-6417

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07-21-2017 07:48 PM

They may try and do a fee shift on attorneys fees. It could cost your client a fortune. You may want to litigate right away in small claims before legal fees run up. Name the management company as well in the suit. These are tough because the bjr applies. The thought is that if you don't like owning shares in the company, just sell them. Not so easy when it's a coop and you live there.

06-08-2017 10:35 PM

did she receive a notice of default? or a notice to cure?  You should reach out to the attorney for the co-op asap to determine how they want to resolve this situation.  This begs to be resolved between the attorneys out of court if at all possible.