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I live in a coop that has no subletting allowed yet we have two that I know of. One is subletting for years and another has "guests" coming in and out all the time. We have tried to sell our apartment twice unsuccessfully. We lowered our price twice and management told us just keep dropping the price until it sells. Because of the precedent of subletting we requested to sublet our apartment so we can leave this place. Management has not responded to our request. So we are thinking about doing it without permission like others have. Also we are wondering what our chances are with taking our building to court for the right to sublet. Or if they take us to court what are our chances of winning? Has anyone run into something like this? If so your response would be appreciated.
Join the Conversation Comments (2)Marty please reread what I wrote. I understand you think you know everything. Sometimes your advise is OK But I do know for a fact they are subletting to someone. I also would like to hear from people who as had this experience. Thank you Marty
I’m surprised that there is no mention of the stance of the Board on pursuing illegal sublets. I have served on Boards and my experience has been that the Board sets the tone on pursuing illegal sublets and directs the Managing Agent to investigate and
pursue them. When a shareholder complained to the Board IN WRITING about illegal sublets, the Board directed the Agent to investigate. And this led to verification and action. I agree that you won’t win in court. And you can’t force the Board to change its policy. But you can demand that the Board take action to enforce current policy. But if it was never bad I was more interested in selling, I wouldn’t want to antagonize the Board and be pragmatic and lower the price.
I am surprised at how judgemental some people are becoming.
I thought this was a forum for people sharing information. if you don't agree with the responses/advice to your inquiries don't criticize see an attorney.
An article on this site "Waivers and Selective Enforcement" addresses your situation..
https://www.habitatmag.com/Publication-Content/Board-Operations/2011/2011-May/Waiver-and-Selective-Enforcement
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I’m not an attorney so remember what you paid for my advice.
If you try to sublet you will be sued and you will lose. That’s because it’s in your bylaws. 2 wrongs don’t make it right.
Even if you “know” that others are subletting, can you prove it? That’s what it comes down to. Not always easy to do.
Don’t listen to mgt when they tell you to lower the price. They are just trying to get rid of you. They have no idea why your applicants were rejected.
You need to be proactive in the selling process.
Find out from the Board what are the criteria for buyers (minimum income and other qualifications). Then talk to your broker.
Is your broker aware of all criteria? If there are additional monthly charges for air conditioners and parking, does your broker know them?
I’ve met many unprepared brokers who did not know these things. Your broker may know them and is just lazy and not doing their job. There are lazy brokers out there.
Also, is your apartment in good condition? Are there any undesirable factors involved with your co-op (ongoing assessments) that could be hindering your ability to sell?
If so, that could be a reason why mgt says to lower your price.
But remember that when a buyer is rejected, mgt is not told why. No one is told. We would just tell mgt that “the application is rejected. Please notify the buyer.”
My experience is that applicants are rejected for financial reasons only. Focus on that aspect.
I would ignore the other apartments that may or may not be subletting. Concentrate on your situation and make sure your broker is doing everything possible to sell your apartment.
Good luck.
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