when we bought the apt it had a small washer dryer built in one of the cabinets. washer dryer is not allowed in our coop according to the super. we never told him it is there but I think he new it already.
anyway all of a sudden after almost 2 years the supper has gone mad and came to us and asked if we have a washer dryer and it is not allowed. we denied it because we dont want headaches. it has been there for a long time and has not cause a ny problem.
he requested that the management should come and search our apartment for it. is that allowed? do we HAVE TO ACCEPT the search? if the washer dryer is not causing any trouble for the neighbors can the coop force us to search the apt? and if we do not allow it can they fine us for not allowing the search?
suppose the washer dryer is really not allowed .. what is the status on the search?
Xnarg
Senior Member - 5K
posted: Nov. 20, 2009 @ 11:21a
doctorman said: where can I get the coop agreement from ?...You should have received a copy when you signed the contract for the unit. If you don't have one, ask management for a copy of the agreement you signed.
Why don't you find out for sure if the appliances are not allowed and then if that's the case, just remove them?
doctorman said: I live in coop bldg and the super is a bit nut.
when we bought the apt it had a small washer dryer built in one of the cabinets. washer dryer is not allowed in our coop according to the super. we never told him it is there but I think he new it already.
anyway all of a sudden after almost 2 years the supper has gone mad and came to us and asked if we have a washer dryer and it is not allowed. we denied it because we dont want headaches. it has been there for a long time and has not cause a ny problem.
he requested that the management should come and search our apartment for it. is that allowed? do we HAVE TO ACCEPT the search? if the washer dryer is not causing any trouble for the neighbors can the coop force us to search the apt? and if we do not allow it can they fine us for not allowing the search?
would appreciate the help...
Doesnt matter if the super is a bit nut or not..
If your co-op says..you shouldnt be having washer/dryer.. then you shouldnt be having it..
I am not sure abt the search... I would guess you would need them to look @ your apartment if they claim you have washer /dryer and to prove that you dont have one..
Why worry abt HAVE TO ALLOW / Legal issues / Head aches...Just remove the washer /dryer... End of story...which you shouldnt be having anyway..
My not-a-lawyer opinion is that you need to read your coop agreement. They tend to be boilerplate. If there's no right to search in the coop agreement, they probably have no right to come into your apartment. That agreement would also say whether w/d combos are actually allowed, so you don't have to take your landlord's word on that.
If you don't have it - why don't you have it? Good heavens, it's a document that controls one of the most basic elements of your life. You're going to fundamentally weaken your position if you have to ask for a copy now, so you may as well go whole hog and ask to see a copy of the one with your signature at the bottom (to ensure that they haven't changed terms on you.)
If the washer/dryer is "really" not allowed ... then you're "really" not allowed to have it, and the search is irrelevant. (They probably have other ways of proving that it's there unless it's improperly vented/drained, in which case it's a massive hazard to everyone who shares a roof with you, and they should get it out by any means necessary.)
wordgirl said: They probably have other ways of proving that it's there unless it's improperly vented/drainedOP implies that he has only a washer. A small Washer can safely drain into a regular sized sink
doctorman
Member
posted: Nov. 20, 2009 @ 11:59a
1)spoke with all my neighbors and not even one person has a complaint about us in any way. so the supper was not honest in that matter.
2) found the agreement, 2 big books and it takes a while to finish it but bet. me and my wife we are reading through it. so far I just saw a part that mentions that I have to allow the bldg in my aprt if they need to repair something . nothing about the search yet.
what is the standard rule on the search?
3) the washer dryer is a combo unit that does not need a vent.
staci86
Senior Member
posted: Nov. 20, 2009 @ 12:01p
You also need to read state law. The co-op agreement cannot override certain provisions of the law which govern unit access.
It would seem that the OP has something like this: http://www.lge.com/ca_en/home-appliances/washer-dryer-combos/LG-WM3431HW.jsp
Venting and draining is probably not an issue.
IANAL, but it would seem that your co-op agreement would determine exactly what your rights are in this case: 1, if you are allowed to have the washer/dryer and 2, what their remedies are if they reasonably suspect you have one. That's why I asked what your particular agreement says.
doctorman
Member
posted: Nov. 20, 2009 @ 12:04p
staci86 said: You also need to read state law. The co-op agreement cannot override certain provisions of the law which govern unit access. am not a lawyer but I live in Nassau county , NEw York if someone has an input on that...
Xnarg
Senior Member - 5K
posted: Nov. 20, 2009 @ 12:04p
Another issue might be triggered if the water or electricity are paid communally, in which case other residents would be subsidizing OP's utility usage.doctorman said: 1)spoke with all my neighbors and not even one person has a complaint about us in any way. so the supper was not honest in that matter...Um, if one of your neighbors complained about your washer/dryer usage, do you think they'd admit to that?
IMNHO, that's doubtful. They'd have nothing to gain by such an admission plus they'd have plenty to lose if you over reacted.
IANAL, but it would seem that your co-op agreement would determine exactly what your rights are in this case: 1, if you are allowed to have the washer/dryer and 2, what their remedies are if they reasonably suspect you have one. That's why I asked what your particular agreement says.
I guess my question is what is the general rule usually on those issues.. it is so much reading ...
Xnarg
Senior Member - 5K
posted: Nov. 20, 2009 @ 12:07p
doctorman said: ...I guess my question is what is the general rule usually on those issues.. it is so much reading ...A "general rule" is irrelevant. Either your agreement has the rule or not.
You can ask the manager to cite the page or section in the agreement where it authorizes searches and where it bans washer/dryers.
doctorman
Member
posted: Nov. 20, 2009 @ 12:08p
Xnarg said: Another issue might be triggered if the water or electricity are paid communally, in which case other residents would be subsidizing OP's utility usage.
all utilities are included. if I wouldn't have the washer dryer I could have choose to wash it by hand and take 5 extra showers per day. what I am saying is that I could have used the extra water , and electricity in some other way. I am not stealing water or electricity from the building. I can use as much as I want.
Isn't the whole point of a co-op to make things better/friendlier/cheaper for the owner/renters? I've heard of co-op businesses, farms, gyms, and the British grocery store, but not an apartment building. Does it have some different meaning besides being owned by its tenants? Or is it just a euphemism or archaic term?
doctorman
Member
posted: Nov. 20, 2009 @ 12:14p
ash78 said: Isn't the whole point of a co-op to make things better/friendlier/cheaper for the owner/renters? I've heard of co-op businesses, farms, gyms, and the British grocery store, but not an apartment building. Does it have some different meaning besides being owned by its tenants? Or is it just a euphemism or archaic term? to my understanding buying a coop apt is basically buying certain amount of stock in a corporation that comes with the benefit of leasing one of their apartments.
OP - you are completely missing the point. If the co-op agreement says you can't have it, then you can't have it. You bought the place subject to that document - period. And pissing off your co-op super is a fight you won't win. Unless you plan on moving real soon, you better figure out a way to make nice.
Xnarg said: doctorman said: ...I guess my question is what is the general rule usually on those issues.. it is so much reading ...A "general rule" is irrelevant. Either your agreement has the rule or not.
You can ask the manager to cite the page or section in the agreement where it authorizes searches and where it bans washer/dryers.Right. This would be the first step I'd take.
As far as those stacked units being "safe," I guess I'm prejudiced ... during my short span of apartment living, there were two fires started by faulty units in the space of a week (both fortunately extinguished before serious damage was done) upon which the apartment manager pulled them from every unit and built central laundry facilities instead. Maybe it was just a problem with that particular model but I've never trusted them since.
doctorman said: ash78 said: Isn't the whole point of a co-op to make things better/friendlier/cheaper for the owner/renters? I've heard of co-op businesses, farms, gyms, and the British grocery store, but not an apartment building. Does it have some different meaning besides being owned by its tenants? Or is it just a euphemism or archaic term? to my understanding buying a coop apt is basically buying certain amount of stock in a corporation that comes with the benefit of leasing one of their apartments.
The reason I asked is because I assumed the tenants could easily get together and have the rule changed. But if they're actually just minority owners subject to an outside governing body, then all bets are off.
Someone my have herd the vibration from the spin or dry cycle and reported you. That is pretty bad noise if you are close to where you have it installed. I doubt they can search you but you are probally busted. Time to put it on craiglist.
doctorman
Member
posted: Nov. 20, 2009 @ 12:21p
dcwilbur said: OP - you are completely missing the point. If the co-op agreement says you can't have it, then you can't have it. You bought the place subject to that document - period. And pissing off your co-op super is a fight you won't win. Unless you plan on moving real soon, you better figure out a way to make nice.
I guess you are right I think he just wants a Benjamin Franklyn to shut up. I don't know why he couldn't wait till Xmas
ash78 said: doctorman said: ash78 said: Isn't the whole point of a co-op to make things better/friendlier/cheaper for the owner/renters? I've heard of co-op businesses, farms, gyms, and the British grocery store, but not an apartment building. Does it have some different meaning besides being owned by its tenants? Or is it just a euphemism or archaic term? to my understanding buying a coop apt is basically buying certain amount of stock in a corporation that comes with the benefit of leasing one of their apartments.
The reason I asked is because I assumed the tenants could easily get together and have the rule changed. But if they're actually just minority owners subject to an outside governing body, then all bets are off.
Co-ops are largely a New York-area phenomenon. Doctorman is right, rather than buying a particular unit (like in a condo), you buy shares in a corporation, and the shares come with a perpetual rent-free lease for a given unit, in effect.
Co-ops tend to have much stricter rules than condos, most notable of which is (generally) the right to refuse purchasers. Not just a right of first refusal, but the right for the board to say "no, we won't let you sell your apt to Mr. X."
ash78 said: Isn't the whole point of a co-op to make things better/friendlier/cheaper for the owner/renters? I've heard of co-op businesses, farms, gyms, and the British grocery store, but not an apartment building. Does it have some different meaning besides being owned by its tenants? Or is it just a euphemism or archaic term?
In a cooperative the shareholder has a permanent lease on a unit but the interior is owned by the coop. This means that the unit can not be altered without approval. Many coops maintain the units basic repairs such as appliances (heater/AC, bathroom plumbing and kitchen items). Therefore alteration may affect the next owner/shareholder but also the coop liability for repairs.
Xnarg
Senior Member - 5K
posted: Nov. 20, 2009 @ 2:03p
doctorman said: Xnarg said: Another issue might be triggered if the water or electricity are paid communally, in which case other residents would be subsidizing OP's utility usage.
all utilities are included. if I wouldn't have the washer dryer I could have choose to wash it by hand and take 5 extra showers per day. what I am saying is that I could have used the extra water , and electricity in some other way. I am not stealing water or electricity from the building. I can use as much as I want.Yeah, except you aren't going to wash and dry your clothes by hand and you aren't going to take 5 extra showers per day.
I was explaining one of the reasons why washer/dryers may not be allowed. Increased usage of utilities is one reason. There are others, such as those already mentioned. The vibration/noise may bother other tenants. There is an increased risk of leaks and subsequent damage to common areas and other units.
However, regardless of whether you think they're fair or not, the actual coop rules you signed and accepted are what count.
Stop asking someone to just tell you the "standard rule". If a washer and dryer is not allowed, why do you feel you are the exception to the rule? You could hand wash your stuff, but you don't. The other tenants who don't want to wash clothes by hand either pay for a laundramat or do it themselves there. You don't have to pay that fee, and you're using up extra resources. What you need to figure out is how much you really want to keep the washer. I can promise you that if you make a big stink over it and not allow anyone to search the appartment, it might bite you in the ass later. If you need emergency maintenance or someone finds out about it, it will cause trouble for you.
How do you expect your neighbors to tell you they are tired of the tumbling cycle after two years? I doubt the super is using this to "blackmail" you into a tip or gift.
Ay ay ay! I didn't realize that OP was the same one until now. Good catch.
OP needs a lawyer on retainer to handle all his LEGAL questions. This is FWF, not FWL.
Anyone want to get together and start up FWFPPL, an MLM Corp? (aka. FatWallet Finance Pre-Paid Legal) We can sell to people who ask purely legal questions in a finance forum. Then they can sell to their friends, and so on. Everyone can make money. We can even sell to Agape "victims" since they surely need legal advice.
doctorman said: 2) found the agreement, 2 big books and it takes a while to finish it but bet. me and my wife we are reading through it. so far I just saw a part that mentions that I have to allow the bldg in my aprt if they need to repair something . nothing about the search yet.
Are you saying that you did not read and understand it when you signed it? edit:info
WalStMonky
Happy Member
posted: Nov. 20, 2009 @ 5:37p
doctorman said: 1)spoke with all my neighbors and not even one person has a complaint about us in any way. so the supper was not honest in that matter.
Nah, nobody would ever deny snitching some one out.
Why anyone would want to live under the rules of a Co-Op or HOA is beyond me.
aeiouy
Senior Member - 1K
posted: Nov. 20, 2009 @ 6:26p
I suggest you use this opportunity to learn how to read a contract OP.
Contracts usually are broken up into sections that cover various topics. It might be long, but it is unlikely you have to read the whole thing word for word to determine if they talk about it.
They likely do have the right to enter the apartment for certain instances. I suspect violating the agreement is probably one of those reasons.
You can ask the super to cite the part of the document where it says that, if you want to be a dick. Or you can just get rid of it. Something from your tone tells me you know for a fact that you are not allowed to have this in your unit, but you are hanging your hat on them being unable to find out.
Which seems like a pretty poor position to take.
Xnarg
Senior Member - 5K
posted: Nov. 20, 2009 @ 6:26p
tripleB said: Why anyone would want to live under the rules of a Co-Op or HOA is beyond me.lack of alternatives.
Interesting. I've never seen even an apartment without its own individual laundry room. Do larger units in the co-op have individual laundry? Maybe you could trade up if they do.
lonestarguy said: Interesting. I've never seen even an apartment without its own individual laundry room. Do larger units in the co-op have individual laundry? Maybe you could trade up if they do.
Really? Have you ever seen a laundromat? They wouldn't exist if everyone had their own laundry.
OP you stated "when we bought the apt it had a small washer dryer built in one of the cabinets. washer dryer is not allowed in our coop according to the super. we never told him it is there but I think he new it already."
Was it TRULY already there when you bought it, or was it an addition during your renovation? If he "new" it was there already, then what does it matter? And if they caught you bringing it in on CCTV, what does it matter? What makes you think you are so special that you get a w/d and no one else there does?
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