New York's Cooperative and Condominium Community
actually i havent found any by laws, i have the proprietary lease and house rules, but i looked and never saw any bylaws.
In many of the co-op articles i have read, there was a nys court ruling that upheld the wording of the proprietary lease concerning the occupancy of shareholder apartments, specifically paragraph 14 of my proprietary lease states that the shareholder "AND" etc,
It doesn not say "OR"
The key word being AND.
i have read on quite a few NY co-op discussions that Boards have been successful in evicting family members that were living in the apartments without the shareholders due to the proprietary lease.
If i was buying an apartment here today, i would be thinking fraud, if i was told the building was 80 percent owner occupied.
in one case the occupant is a real problem , the non-shareholder occupant has caused extensive noise/ water flooding/ physical harassment for over 5 years for the downstairs shareholder. The board and management company refuse to do anything, i have heard them state at the annual meeting that it is this shareholders problem, not the buildings or co-ops
My take, is the occupant should never have been allowed to move in, It was known at the beginning that he was not the person that went to the interview, it was his mother.
A new twist was added yesterday, I spoke to the shareholder, he said that the mother/shareholder is a friend of the board member that does the interviews. i do not doubt the claim that the mother is a friend.
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