New York's Cooperative and Condominium Community
To answer your question, no, House Rules don’t supersede the by-laws (which address corporate governance issues for the housing company) or the proprietary lease/occupancy agreement (which address various housing company and cooperator rights and responsibilities).
However, House Rules are intended to supplement the terms of the proprietary lease by addressing many of the day-to-day issues that arise in connection with life in a cooperative. Virtually all co-ops have House Rules; M-L co-ops in the HPD portfolio are required to obtain HPD’s approval of their House Rules, and HPD has reviewed and approved the attached House Rules for GG. Regarding the contemplated fines for violations: As you know, the Rules include extensive “due process” and “right to contest” provisions, and in almost no case would a fine be imposed unless and until there is a repeat violation after the shareholder has first received written notice of the violation.
All Boards are not alike. What is done in my coop, does not necessarily work for your coop. Different strokes for different Folks. By Laws are pretty much the same, but fines for one thing may be a higher or lower fine for something else, and somewhere else.
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Thank you for that information. Good to know!
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I understand fines are needed for shareholders who ignore others around them ex: loud TV, banging a hammer after certain hour, but due process?
Why would a board side with you when they levied the fine? It's like admitting they were wrong
In my area, we have other Coops nearby, I suggest invite other Coop boards for a meeting and use another board as appeal process. If we have a shareholder who wants to appeal, then the board can reach out to another board and ask if they will hear their appeal or have other boards send people to listen, ( Total 3 people) and render a fair and unbiased opinion
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