Hi, I've gone through this recently in a Queens Cooperative that I manage. This was with direction from the coop's attorney as well. With regards to the alteration of the wall, that is probably not only a violation of the Cooperative's policy, it was most likely done without architect oversight and also without a Department of Buildings permit. In the case that it did actually create a new room, this could be an occupancy issue that is changing both the room configuration and as a result, the floor plan that is on file with the city. It is in the best interests of the safety of those in the unit and in the building to have this corrected as this will be considered to be a violation of both the DOB and FDNY should this not be resolved, legally. The issue is that if the DOB comes and gives a violation and subsequent fine or violation that would fall on the Cooperative as they are the entity that owns the building (leasing to the Shareholder). You would probably be best served by talking this out with the Coop attorney to see what the options are in this case.

With regards to the family members living in the unit with the Shareholder, we have just gone through this as well with the Coop's attorney. Based on guidance that was provided in this case, most Proprietary Leases provide for immediate family members to inhabit the unit and that it will not be unreasonably withheld from being permitted. Should the Shareholder be able to provide proof (birth certificates, etc.) that these are, indeed his family members, the Board will not have much success in removing them, even if this is taken to court. Our lawyer has stated that in this case, it is extremely difficult, should they provide proof of immediate family status. The Board may be out of luck on this issue.

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Thanks Mark, we are in Queens too. I was pretty sure that would be the answer. Our MA is on the job regarding removal of the wall and we are sending a letter through our lawyer regarding proof that they are his relatives and will also need to do criminal checks. I was hoping that this pattern of lies, he also tried to sneak in a washing machine, would have some bearing if we did decide to go to court. I don't know why he lied regarding the family, it is a 2 bdrm, but he did. Would it be effective to have an addition to the admissions package stating that the applicants understand that the approval of their purchase is based on the information they supplied and the applicants swear that all information in the package is the truth?

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It's possible that a statement in the package would have more weight on the Board's view, but that statement may not have any more bearing in the legal system as the courts are more likely to look at law versus coop policies.

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I am curious. Is there any possibility of pursuing that the applicant may have committed fraud by lying on the application? Is there any possible outcome from that which will resolve the problems? (either getting the shareholder evicted or at least scared enough to behave?).

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As a long time owner/investor/manager, let me say that this board may want to look at the paperwork this new shareholder filled out to review whether on the paperwork/application he put in writing who would reside in the unit. Are there fines established if what is written on application is not adhered to?

Also, look at the alteration agreement that should have been provided, did he indicate he would be altering anything? If he did not, and he made alterations, are there fines established?

At this point, the board must remember that this shareholder lied once, and probably will lie again.

Does he reside in the unit at all? Or is it just his parents and a brother? If they are nice people who are clean and respectful, enjoy each other. If they are causing any problems, be sure to keep a written record.

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Yes he lied on his paperwork and said no one else would be living with him, that is why we asked him to confirm that he would be living alone as he was living with his family at the time. No, as I mentioned above, he did not indicate on the AA that he would be putting up a wall. I also mentioned below that he tried to bring in a washing machine. The Board is well aware that he will probably lie again, we expect many. We do believe he is living with his family. As for how enjoyable they are or not that is not the problem.
We now have new neighbors who have shown they are not trustworthy and there seems to be nothing we can do other than fine them. The interview is about whether you feel people will make good shareholders and neighbors, they have already passed the financial terms. I don't believe they will make good neighbors under the circumstances.

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