Renovating a condo or co-op unit in New York City can be complex, often governed by clearly defined guidelines set by the building’s board. The board drafts these guidelines to ensure that renovations are carried out by licensed and insured contractors safely, legally, in accordance with code and without causing undue disruption to other residents. It is for these reasons that most proprietary leases and condo by-laws require board consent to alterations and renovations (usually after a review by arc hitect or engineer) and that a properly prepared alteration agreement is signed by the unit owner/shareholder before work begins. However, despite these rules and precautions, disputes can still arise. Here are some common disputes and how to resolve them.
First options for resolving the dispute
This is not a comprehensive list, but highlights some common issues that buildings often encounter:
- Noise complaints: Most buildings have specific hours during which construction work is allowed, typically between 9 AM and 5 PM on weekdays. If noise complaints arise, the first step is to ensure workers do the job within these hours. If the noise persists, mediation between the parties involved can help find a compromise, such as scheduling the noisiest work when most residents are out.
- Damage to common areas and other units: The alteration agreement usually includes a clause about protecting common areas. If damage occurs, the unit owner is typically responsible for repairs. Documenting the condition of common areas before and after the renovation can help resolve disputes over damages. In addition, any contractor utilized should be properly insured (with the building and managing agent named as additional insureds) so that if damage is caused to a neighboring unit, there would be insurance coverage for the claim.
- Unauthorized changes: The board likely has the authority to require that unauthorized changes get reversed. This can be costly and time-consuming, so getting all necessary approvals before starting any work is crucial. If a dispute arises, reviewing the alteration agreement and building bylaws can clarify what changes are allowed.
- Delays and extended timelines: Work seldom goes as planned. Still, the original alteration agreement should include a clear schedule for the work. If delays occur, the board can impose penalties or require the unit owner to take steps to expedite the work. Regular communication between the unit owner, contractor and board can also help manage expectations and address issues promptly.
- Violation of building codes: Ensuring all work complies with local building codes is essential. If a violation occurs, the unit owner must correct it at their own expense.
It often gets complicated
The above solutions are relatively straightforward, and hopefully, they work. Still, disputes between tenants and the board can get complicated, legally and logistically. They can also become acrimonious and emotional. Working with an experienced attorney specializing in condo and co-op disputes and a knowledgeable architect/engineer can make the process much easier. The lawyer can help prepare a proper alteration agreement and navigate the complex rules and regulations; an architect can help resolve construction conflicts and ensure the renovation complies with all legal requirements.