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Guest Policy ChangeOct 16, 2012

Hi Samsaunt,

Before jumping to any conclusions, I would contact the board president to find out if the guest policy was recently changed, and if it was, to what new policy. It is possible the managing agent "misinterpreted" the new policy. You might also ask for a printed copy of the revised house rules.

If the house rules were changed to a no-guest-without-owner policy, check your proprietary lease. If there is anything in the lease about guests, I believe it trumps (i.e. "your fired") the house rules.

If that doesn't work, politely ask the board president for the reason the policy was changed, and explain your situation to her/him. You may find that the rules were changed because of the advent of AirBNB, Craig's List, and the other venues where apartment owners "rent" out their apartments to strangers for very short periods of time to generate income. This is almost certainly against the rules for subletting. I realize this is not your case, but unfortunately the proliferation of these illegal sublets has caused boards to become much more restrictive with their guest policies.

As a board member, I recommend that you approach this with the idea that you and the board will be able to work out a compromise. If you can come up with ways of differentiating your situation from short-term rentals to strangers, propose them to the board. You may have to provide background info about your guests and the board may want to meet with them before the they stay in your apartment for the first time. You might even offer to pay for the managing agent to run a background check on your guests. This is not prying, but the board's way of protecting the safety and security of the other shareholders. I would do this in my building.

I'm sorry you've been caught on the cusp of a policy change, but I do understand your board's perspective. With the explosion of tourism in NYC and the corresponding dramatic increase in hotel room rates, any reasonably-priced accommodation is now very valuable. You need to work with your board to validate your personal relationship with your guests and also to prove to the board that they don't pose a threat to the building or the shareholders.

Good luck with your efforts.

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Thank you! - Samsaunt Oct 16, 2012

Thanks for writing back, to both of you! Your input is very helpful. I totally DO understand why the board is doing this. In our interview they talked about the NYC hotel law, and that people were breaking the law by renting out their apartments. The thing is that we also made it clear in our interview, against the advice of our realtor (!), that we wanted to be able to have family and friends use the apartment occasionally, since it was not our primary residence. I feel like they must have known that they were contemplating this move, and I feel duped that they didn't tell us. I did ask for the new policy in writing, and it's very clear. It says "Under no circumstances is a Guest permitted unless you are in residence". It seems really so sad that, since we aren't "In Residence" most of the time, we can't occasionally let our close friends and families enjoy the property we just purchased. I will look at the proprietary lease, and if that doesn't work, I guess I'll try and reach out to the board. Thank you again, and if you have any other ideas, let me know!

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> Join the conversation Comments (1)
Family members may not be considered "guests" - Steve Rosenstein Oct 16, 2012

Check your proprietary lease on this. Immediate family (parents, kids over 18, siblings) may be exempt from being classified as guests. Not a good solution but a partial one.

Another possible compromise might be to offer some sort of escrow or bond against any damages to the building or any extra expenses incurred by the building related to your guests. Clearly this would never be used, but might give the board a warmer and fuzzier feeling.

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