Leni Cummins is quoted in a New York Times “Ask Real Estate” column responding to a question regarding the management of pigeons on personal co-op balconies. While some management companies will work with tenants to find a solution, others may not be as understanding. “If management wasn’t permitted under your co-op’s proprietary lease and bylaws to let you install the screens in the first place, you can’t insist that you have that right,” said Leni. “Look at your governing documents to see whether shareholders are responsible for maintaining the balcony, and whether they have the right to install screening or other deterrents.”

Some governing documents may deem the tenant responsible for balcony maintenance, while also prohibiting preventative measures. Due to the nature of a co-op’s governing documents, filing a lawsuit may not be helpful. “Courts are often reluctant to impose duties that the cooperative did not expressly assume,” Leni added.

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