You own shares in the building. The board still has obligations to you.

Boards get real deference from New York courts, but that deference has edges: the proprietary lease is a contract, the warranty of habitability applies to co-ops, and the books-and-records right belongs to you by statute. A demand letter from counsel targets the obligations the board cannot vote away.

Flat fee $499, signed by a licensed New York attorney, mailed within 48 hours.

The proprietary lease is a contract, and repairs are usually the co-op's job

Most proprietary leases obligate the co-op to maintain and repair the building's structure, exterior, and systems, including the walls, roof, and pipes behind your finishes. A leak the board keeps deferring is typically a breach of that contract, and the letter frames it as one, with the lease provision quoted.

The warranty of habitability applies to co-ops

New York's implied warranty of habitability covers residential co-op shareholders, not just renters. Persistent leaks, mold, no heat, and similar conditions can entitle you to a maintenance abatement, and the letter puts the board on notice that the abatement clock is running.

RPL § 235-b

Books and records: the written demand is the statutory prerequisite

A shareholder of record may demand to inspect the corporation's records, and a proper written demand is the legal precondition to a court petition compelling inspection. This letter is that demand, drafted to satisfy the statute, so a refusal sets up the petition rather than another ignored email.

BCL § 624

Where the business judgment rule stops

Under Levandusky v. One Fifth Avenue Apartment Corp., courts defer to good faith board decisions within the board's authority. That is why this letter targets what deference does not protect: breaches of the lease, statutory duties, actions outside the board's authority, and treatment of you that differs from other shareholders. Honest framing, aimed where boards are actually exposed.

Levandusky, 75 N.Y.2d 530 (1990)

Questions before you start

The board just ignores my emails. Will a letter really change that?

Boards answer to their attorney and their insurer. A demand from counsel, sent to the board and managing agent, typically gets routed to both, and creates the dated record you need if the next step is an abatement claim or court petition.

Can the board really charge me a fee that isn't in the lease?

Fees and fines generally need a basis in the proprietary lease, bylaws, or duly adopted house rules. The letter demands the basis in writing and disputes charges that have none.

I'm a condo unit owner, not a co-op shareholder. Does this still work?

Yes. The framework shifts, since condo owners rely on the bylaws, the declaration, and the Condominium Act rather than a proprietary lease, and RPL § 235-b runs to tenants and co-op shareholders rather than condo owners. The intake captures which you are and the letter is drafted to the right instruments.

What if the board still refuses to show me the books?

A refusal after a proper written demand under BCL § 624 positions you to petition the court to compel inspection. The letter is drafted so that refusal helps you rather than just frustrating you.

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