Elisa - To me the biggest negative would be to the shareholder who is injured or killed because she/he could not exit the basement in the event of a fire or other disaster, because the stairs or other common areas were obstructed.

In my opinion the board should authorize a fine for each occurrence of an obstruction, and a letter should be sent to all shareholders letting them know about the new regulation. The board can probably enact the fine in the House Rules. All common areas of a building must be kept clear of obstructions, and violations present a danger to all residents.

You say she "apparently" got permission from the board. I would write the board a letter to confirm whether or not they gave permission to the resident to leave the carriage at the foot of the stairs, around the corner, pointing out safety considerations, such as fire. Providing that it is in fact a safety hazard.
You say is that it is around the corner from the foot of the stairs. If it is around the corner, not blocking the stairs and not blocking a pathway to the exit or stairs, what's the problem?
If the carriage is not blocking anything such as an exit and as you indicate "around the corner" and you just don't like it, that's another matter. So in assessing it; is it really a safety hazard or not? or is it that you just don't like the fact that a baby carriage is there.

It sounds like the carriage is blocking access to the basement door, but not blocking access to the stairs to the apartments or in the middle of the hallway. Generally, access doors should not be blocked. Yes, there are records of building violations, directly from the Dept of Buildings website as well as lists from third parties. It's easier to got problems onto these lists than it is to get them off.

Firstly I agree with the first two comments. However,the condo association should have rules and regulations regarding use of the common areas. The fact that the Bd. Pres. gave permission with board approval? The President's approval should have been in writing. In the event the Fire Dept. issues a violation for the baby carriage, the choice as to who pays it is up to the board. In my opinion the President should be responsible. I assume the management co. is aware of the concern? If not they should be consulted and yes it is appropriate to send a warning notice,(not a note), CRRR.

I personally don't think this should be overlooked until the NYFD issues a violation. It is a clear and present safety hazard that needs to be dealt with. Besides all of the dangers involved with a common area obstructions, a precedent is being set that it is permissible for personal items to be stored in common areas. Like cockroaches, precedents are impossible to get rid of once they become entrenched.

Thanks for all your comments. Apparently the managing agent said that it is not a fire code violation for the carriage to be near the basement door. The argument is that the basement door is not an egress (does not directly lead outside), and that people in a fire could still get out the front door of the building. There is also an exit in the basement itself, leading directly outside. I have not heard this type of argument before, and assumed the 'no personal items in the hallway' part of the fire code (which explicitly mentions baby carriages) would have applied here. I did send that part of the fire code to the managing agent and am awaiting a response.

Does the building also have fire escapes, or an exit other than through the lobby? Generally, you need two exits, in case one is blocked. If no one is living in the basement, and there is a second egress, my opinion is that blocking the basement door is not a fire hazard.

To JG's comment, there are fire escapes and one exit from the 1st floor through the building's entryway. The Fire Code explicitly states that there shall be no bikes, baby carriages or other personal items in hallways. From my reading of this section of the Code the carriage is still a violation.

The hallways are narrow and the carriage is partially blocking the path to/from the basement door. According to the NYC Fire Code: "Personal property (such as bicycles, baby carriages and clothing) may not be stored in apartment building hallways. All such items must be stored in lawful closets or other storage areas, or in dwelling units."

Then that being the case, it has to be removed. I would simply write the board bringing to their attention that it is partially blocking the path to/from the basement door and is in violation of NYC Fire Code and indicate "I trust that you will deal with this immediately". And with an ultimatum. "If the carriage is not removed within 1 week, you will notify the Fire Department". That should do it.

Several points here.

(1) If the baby carriage is indeed obstructing the hallway and violating the fire code, then neither the board president nor anyone else can give permission for it to be there. It's not within the scope of the board's authority to authorize someone to break the law.

(2) If use of some out-of-the-way common area has been granted to a unit owner to store a baby carriage, then *any* unit owner should have the same right to use this space. The alternative would be to rent or sell the exclusive use of that common area to one person, much like a storage locker.

(3) It's not clear that your condo board has the authority to impose a fine for leaving a baby carriage in a common area, fire hazard or not. In a co-op, the authority for fines must come from the proprietary lease, and very few of the common 1980s leases provide for such fines. Check with your attorney before attempting to impose a possibly unenforceable fine.

(4) What the board *can* do is pass a house rule prohibiting storage of personal items in common areas - in fact, such a rule is probably in place already. Then the board should send out a letter reminding residents of this rule, and stating that personal items left in common areas are subject to removal and disposal by the board. To be legally safe - as well as neighborly - an additional notice should go directly to perpetual scofflaws before discarding their items. Again, check with your attorney for details on preparation and delivery of these notices.

To start each condo has an offering plan that outlines rules for the condo and also addresses common areas and hallways etc. a copy of this along with the building rules and regulations should be distributed by management after they have been reviewed by the board and addressed and or updated to reflect today's issues.
Second a warning letter type system can be started and a first warning can be given to this resident, and followed by a second notice and if a third is given, then a fine is handed down . FDNY is very strict about items in halls because it also jeopardizes their lives during a fire event . Document the issues and the violators of these rules by taking photos of the violation so you have back up and documentation of the violation. Then the management should issue the violation on behalf of the board of directors.
Very simply; Safety has to be paramount or everyone can suffer loses they will not come back from!
Live Safe! Protect your life!

I think this one is very simple. You need to make sure the lives of the building are protected if in an emergency. Have them move the carriage or have the super remove it. Period no questions asked. The hallway is not an extension of their apartment. Fines can be paid,lives cannot be brought back. Donna Ross