New York's Cooperative and Condominium Community
I manage a building in Forest Hills that is roughly 40% sponsor owned and the remaining 60% consists of Shareholders and sublets. They also have a waiting list for the garage that is pretty lengthy, so when this came up in discussion with the Board of Directors, the decision was made to amend the availability and wait list of parking spots to Shareholders who live there only and no longer to tenants (of Shareholders of of the Sponsor). Of course, those tenants who already had spots in the garage were grandfathered in, and any rent stabilized tenants were keeping their spots as well.
The Board can amend the waiting list rules as part of the House Rules to include only primary residence residents access to the garage. You can also include in this that all renters of the garage show proof of a NYS drivers license, insurance, registration, etc.
If they are living out of state and have another license this will be easy, although it sounds as though that even though they are there most of the time, they will be able to show "proof" that this is still their primary residence. Although my options are pretty sound, I would suggest a quick call to your building's attorney just to make sure that you're not disregarding the Offering Plan or bylaws of the Cooperative.
If you need any more info, please shoot me an e-mail!
My sister owns a coop in Queens NY and is handicapped. She has been denied a handicapped parking spot as she has another residence in Florida and has Florida plates. Most of her time is spent in NY Is this legal?
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Thank you, Mark, for all of your good suggestions. The board thought we had everything covered in our parking rules, but once in a while new circumstances arise and we have to amend them. The trick is to amend them before it happens.
As you say, the establishment of proof of her primary residence might be difficult in case she still has her NYS material. Checking with our attorney to make sure we're "legal" is a good idea. I'll keep you posted.
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