RE Q&A: Can a Co-Op Board Require a New AC Unit?
A co-op board can stop maintaining a shared AC system if allowed by governing documents and approved by required votes, but actions must be reasonable.
FORT LAUDERDALE, Fla. — Question: I live in a 16-unit co-op with a water-cooled AC that runs throughout the building. My unit and one other are still on the system. The board told us that when the pump goes out, we must add a free-standing AC. Does the board have the authority to do this and not maintain the system? — Lance
Answer: While condominiums and cooperatives often look similar from the outside, their ownership structure and management differ significantly.
Legally, a condo owner owns their unit directly and has a proportional interest in common areas. In contrast, a co-op owner holds shares in the corporation that owns the building, along with a proprietary lease granting them the sole right to occupy a specific unit.
In the realm of cooperative housing, the board holds significant sway over the management and maintenance of shared amenities, such as a water-cooled air conditioning system.
This authority, however, is not without its checks and balances. The cooperative’s governing documents guide the board’s decisions, outlining specific responsibilities and limitations. Whether your board can discontinue maintenance hinges on the co-op’s governing documents and the approval of any change by the requisite voting interests.
A shared water-cooled air conditioning system is typically classified as a common amenity, and its maintenance generally falls to the association unless the governing documents assign this duty to individual unit owners.
As long as the documents do not expressly forbid it, the board likely possesses the authority to discontinue maintenance of the shared air conditioning system and mandate the installation of free-standing units, provided these actions adhere to the governing documents and receive the necessary approvals.
That said, the board must also ensure its actions are reasonable and do not unfairly burden the affected unit owners. With this in mind, you should ask the board if they are willing to share the cost of replacing the common AC with your new individual unit.
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