Condo Maintenance Fees in NYC

Started by ElonaB • 6 replies • 2417 views

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ElonaB (New York)
Posts: 8

Posted:

Hello. We are self contained 3 story - 9 units condominium. I am not sure how originally our maintenance fees were drawn up. However, everyone's maintenance fees differ. Also the latest buyers pay greater amount of maintenance fee. One of the condo owner recently came up with an idea that we should all split maintenance fee and pay equally. We usually vote on all of our decisions. How legit is asking for this ? Is there a maintenance fee calculation formula? Does it depend on how much of square footage is in your deed?

Really appreciate your feedback!

Thanks,
Elona

GlenL (Ohio)
Posts: 5,491

Posted:

Elona if you read your CC&R's, somewhere in them should be how the assessments are to be apportioned. Ours are by square footage (we have six different floor-plans) but usually if the units are the same, the fees are the same. And in some highrise condos the higher the floor the greater the fee.

Studies show that 5 out of 4 people have problems with fractions

ElonaB (New York)
Posts: 8

Posted:

Thanks Glen. This is what I thought. We have 3x850sqtf, 3x960 sqft, 3x1060sq ft. So I am assuming the fees were drawn up by the builder according to square footage and possibly according to how high the floor is. I will look for CC & Rs to see for sure. However, if someone brings it to the agenda that we should all pay equal amount of maintenance fee, is it doable? Would CC & R's have to change and how much of the votes does condo need to change it? We've been doing a lot of repairs collectively after Sandy and so now this particular condo owner believes that he should pay equal amount of the maintenance as everyone else.

TimB4 (Tennessee)
Posts: 21,061

Posted:

Quote:

Posted By ElonaB on 01/22/2013 1:26 PM

I will look for CC & Rs to see for sure. However, if someone brings it to the agenda that we should all pay equal amount of maintenance fee, is it doable? Would CC & R's have to change and how much of the votes does condo need to change it?

As Glen said the CC&Rs will define how Assessments are assessed (equally, square footage, percentage).
If the Association wants to change how they are assessed, you will need to amend your CC&Rs.
The number of votes needed and procedure to amend the CC&Rs should be within that document.
If the document is silent on amendment, check your State Condominium Act.
Until the CC&Rs are properly amended (and recorded) the Board must comply with them.

GlenL (Ohio)
Posts: 5,491

Posted:

Quote:

Posted By ElonaB on 01/22/2013 1:26 PM
We've been doing a lot of repairs collectively after Sandy and so now this particular condo owner believes that he should pay equal amount of the maintenance as everyone else.

Of course he does, it would mean a slightly lower assessment for him although it would mean a slightly higher assessment for the rest. My unit is roughly 400sf bigger than the smallest unit and while my fees would drop $20 a month the owner of the smallest unit would find his fees increased by $20. We have more units than you do (132) but whether it is done equally or by square footage the COA still has to raise X amount per year to operate. Somehow I don't see the homeowners who are paying less all that eager to raise their assessments to save the people at the top a few bucks.

Studies show that 5 out of 4 people have problems with fractions

EllieD (Vermont)
Posts: 446

Posted:

ElonaB, Yes, your CC&R’s would have to change, and most likely every Owner would have to agree since the change would involve changing an Owners “percentage of ownership”. And as GlenL just posted, 100% vote or agreement would probably be almost impossible to attain.

In addition to translating into different amounts of maintenance fees, this percentage is also typically (but not always) used to determine the percentage vote each Condo Unit has.

The CC&R’s should specify “what” is used. If not based on square footage, or position in the building, percentage of ownership might be based on a dollar value which was assigned to each of the Condo Units when the CC&R’s were drawn up.

ElonaB (New York)
Posts: 8

Posted:

Elle,Glen:
Thanks so much - your comments are so very useful. Will have to share the info with the rest of the condo owners meeting tonight. Thanks again!! Really really appreciate it.

-Elona

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