Q&A: A Receipt for Maintenance

Q Do we, as a co-op collecting maintenance, need to comply with a shareholder’s written request, pursuant to RPL: Article 7 Section 235-e for written receipts for maintenance paid by personal check? Does this section even apply to maintenance? Would the same be true for assessments?

—Jackson Heights Director

A According to Thomas D. Kearns, an attorney at Olshan Grundman Frome Rosenzweig & Wolosky LLP in Manhattan, “I could find no court decision applying RPL: Article 7 Section 235-e to a co-op but I believe a co-op would be required to issue a receipt for a payment of maintenance or an assessment made by check if the request for the receipt is made in writing. The statute does not provide a penalty so it is unlikely that the co-op would have any significant liability for refusing.”

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