New York's Cooperative and Condominium Community
Generally speaking, the terms of the Proprietary Lease supersede any House Rules. If the two are in conflict, the PL is the governing document.
I read through the case cited by another poster (221 Middle Neck Owners Corp. v. Paris). Any time a decision uses the word "ambiguity", the results are not going to have a happy ending.
Your best bet in this situation is to contact an attorney for an opinion and advice on what your options are and how to proceed. Do not try to be your own attorney, write any fierce letters, or do anything to antagonize the board. They hold most of the power, courtesy of the Business Judgment Rule, and really, all you want is to have your niece to continue living in your apartment as before.
Rules made to counter the encroachment and illicit subletting of AirBnB tend to carry a lot of weight. If your niece's occupancy termination is collateral damage, it's a shame, but it may be reality. I checked my Proprietary Lease and nieces and nephews are not listed as permitted family members.
Perhaps you could post the verbatim text of the new House Rule. That might help us come up with some creative ideas.
Good luck!
This is very good advice. I'd like to see the wording of the House Rule to try to figure out if the board is being arbitrary or if they're making an honest attempt to control what they feel is an epidemic of very short term and questionable rentals. In my Proprietary Lease, the list of recognized family members is in paragraph 14.
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As per Steve sad but true, the sad part is you have to get a lawyer. As time goes on I find some boards get carried away with power an as boards do not change because share holders have something more important to do. As the old saying goes if one share holder tries to pull something off all the share holders get punished. Do you know if other share holders got a letter and if so maybe you can get together and all higher one lawyer to fight for all. Best of Luck
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