Lucas A. Ferrara, a founding partner at Newman Ferrara LLP answers a reader’s question in the July 2019 article in The Cooperator.
Q. My family and I live in a six-story condominium in Manhattan. We own the top two floors (5 & 6), which amounts to 22 percent of the building. The elevator has been out of service for two months. The board members seem to be in no hurry to get it fixed (they live on the 3rd floor and 1st floor). How long must I put up with this reduction in services? Do I have any recourse?
According to Ferrara, there are remedies that the unit owners can pursue.
“Generally speaking, condominium boards must adhere to all internal
requirements and procedures as set forth in the bylaws, the declaration,
and house rules,” says Ferrara.
If the owners believe that the building’s board is not meeting its obligations, they can secure an order from a judge, which would compel the board to fix the elevators.
Nonetheless, Ferrara warns that litigation should always be the last resort, as it can be quite expensive. Instead, the owners should “attempt an amicable out-of-court resolution.” Ferrara adds, “Should the board continue to remain unresponsive to the reader’s entreaties or requests, an attorney should be retained in order to prompt action.”
To read the original post, click here: https://cooperator.com/article/qa-trying-to-get-an-elevator-fixed