If the backyard is classified as part of the unit, the co-op board cannot charge an additional license fee for its use. Sir Cummings explains that doing so would essentially be double-dipping, as maintenance fees already cover shared spaces. The introduction of a licensing agreement, particularly one that imposes restrictions on use, raises questions about the board's motives, possibly aimed at generating additional income. Buyers should exercise caution as license agreements can be revoked, leading to uncertainty regarding yard access in the future.
The board cannot require you to pay a license fee to use it since the backyard is part of the unit, which already covers maintenance costs.
It sounds fishy that the board is introducing a licensing agreement and payment for the use of the backyard after it was included in the offering plan.
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