Q: Who is responsible for carpet removal in Coop under old Bylaws?
I am living in a Mitchell-Lama complex in Brooklyn, NY. I am the successor daughter in my parents' Coop unit, where they moved 30 years ago. Back then, the Coop Bylaws required that 60-70% of the apartment have wall-to-wall carpeting. We're now moving to a larger unit, and the Coop Board and their lawyer are asking us to remove the carpeting and repair tiles underneath at our own expense. I disagree because the carpeting was mandated by the Coop. I've emailed the Board, Managing Agent, and their lawyer about this, but they claim to have no pictures or documents from that time and that we are responsible for removal costs. What should I do about this situation?
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A:
In your situation, it’s important to gather any available documentation or evidence that supports the claim that the wall-to-wall carpeting was originally mandated by the Coop's Bylaws. Since the Board and their lawyer claim they have no records from that time, you could try reaching out to other long-term residents or the Coop's historical archives to see if anyone else has knowledge or documentation about the original requirements.
If the Coop's Bylaws from when your parents moved in clearly stated that carpeting was required, this could be an argument for you not being responsible for the removal costs. You may want to formally request a copy of the Bylaws from the time your parents moved in, as this could clarify whether the current demand is in conflict with past rules.
If the matter is not resolved through discussion or documentation, you may need to consider seeking legal advice to explore your options further. An attorney experienced with Coop housing laws could help you assess whether the Board's demand is legally valid and whether you're entitled to challenge it.
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