Q: My co-op has a brand new air-conditioner rule: As soon as we set up models in our home windows, we’re not allowed to take away them on the finish of the season. As a substitute, we’ve got to maintain them put in year-round. Shareholders who don’t comply will face penalties. Once I spoke to the board president, he mentioned, “It’s a New York Metropolis regulation, and if we get a wonderful from the town, we’re going to wonderful you.” I seemed for relevant legal guidelines and located nothing aside from security guidelines for window air-conditioners. Can our co-op make this a requirement and impose fines?
A: Town doesn’t have guidelines about what number of months of the 12 months your air-conditioner must be within the window, or how continuously you may take yours out and in. Nevertheless it does have guidelines about how they need to be put in, and constructing house owners are required to maintain their buildings, together with the facades, in secure situation. Something hooked up to the surface, like a window unit, can be topic to that rule.
So your board president is likely to be referring to facade security guidelines. A Buildings Division inspector might concern a violation for an improperly put in air-conditioner. One of the frequent offenses: propping up the unit on wood blocks or bricks, which may come unfastened and fall to the road beneath.
When you set up your window unit poorly and the co-op will get a wonderful, it might go that wonderful onto you, mentioned Ingrid C. Manevitz, an actual property lawyer and associate within the New York Metropolis workplace of the regulation agency Seyfarth Shaw. The constructing could also be involved that if window models come out and in yearly, there’s a better probability of defective set up. A board is entitled to make guidelines meant to guard the protection of individuals on the road.
Nevertheless, it’s uncommon that the board would require you to maintain models within the home windows year-round. Winters are chilly, and a drafty window isn’t good for power effectivity. Many buildings give you extra versatile options, like requiring residents to professionally set up them, or rent constructing workers to do it.
Discuss to the board and the managing agent, and ask your neighbors to do the identical. Ask the board to contemplate different options to the one they’ve instated. Attempt to attain a compromise, because it’s not unreasonable to need your home windows again for the winter.
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