Leni Cummins is quoted in a Habitat Magazine column addressing a bird-related issue on a co-op balcony and the broader question of the respective maintenance responsibilities of shareholders and co-op boards.

In determining those responsibilities, Leni explains that shareholders should first review the co-op’s governing documents to establish who is responsible for maintaining the balcony and what measures a shareholder is permitted to take to address maintenance concerns. Responsibility for maintaining the space does not necessarily give a shareholder the authority to make alterations, underscoring the importance of understanding the respective obligations of the shareholder and the board. Unlike in a typical landlord-tenant relationship, a co-op’s maintenance obligations are defined by its governing documents. “Courts are often reluctant to impose duties that the cooperative did not expressly assume,” said Leni.

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