That objective could presumably be realized by imposing assessments on union members for the establishment of a fund out of which injured members would be reimbursed for their legal expenses.
To pay soaring oil bills, some co-ops may impose assessments or raise maintenance fees, he said.
"A co-op board has the power to impose assessments or increase maintenance to fund any cost relating to the operation of the building," he said.
A Eric D. Sherman, a Manhattan real estate lawyer, says that co-op bylaws almost always give boards the authority to impose assessments without the need for a shareholder vote.
Mark B. Shernicoff, a Manhattan co-op accountant, said buildings that regularly impose assessments to recapture the abatement most likely did so at the beginning of 2007 for last year's abatement.
"They will also show whether the building has adequate reserves to meet anticipated or unforeseen repairs, improvements and other extraordinary expenses, or whether it will have to impose assessments or increase borrowing to meet those expenses".
AMAA marketing orders set uniform prices, product standards, and other conditions for all producers in a particular market; must be approved by two thirds of the affected producers; are implemented by committees of producers appointed by the Secretary; and impose assessments on producers for the expenses of their administration, including product advertising and promotion.
Imposing an assessment to recover this rebate is less common, Mr. Saft said.
Thus, Mr. Siegler said, longstanding rules governing co-ops would preclude the board from imposing the assessment upon some shareholders while exempting others.
"If the condominium association is imposing an assessment to repair the terraces, the terraces are a limited common element of the condominium," he said.
