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Re: Baby carriage in hallwayJan 31, 2015

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.

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