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i am trying to the name of the court ruling upholding the eviction of a sibling or adult child residing in the shareholders apartment, due to the shareholder not living in the apartment.
specifically the ruling stated that if the wording in the proprietary lease , usually chapter 14 concerning occupancy, used "and", that means the shareholder must also live in the apartment with children or siblings, parents. The wording "or" means the shareholder does not have to reside there. a son or father,sibling could reside legally in scope of the proprietary lease. Marriages and same sex couples do not fall under these provisions, even in my 1980's era proprietary lease.
http://www.stroock.com/SiteFiles/Pub307.pdf
The children can NOT live in the apartment without the shareholder present. Not just having some things in the apartment to "appear" as if the shareholder is living there either. The Doormen (if there is one present) should keep a log of all visitors coming and going for "security" purposes.
thank you very much. I have been trying to find some written case laws on this issue. Without any case laws or landmark cases, i was deemed, talking out the @##.
Real time web sites such as Habitat are so much more productive for finding info. I will be paying for a subscription soon, since i would like to research some items, and i am sure they have been discussed before.
stil the problem remains what can shareholders do to stop this practice by the board, Two or more of the board members are involved in this also.
Make a copy of the article sited. Have copies made and either send them to everyone in the building in the mail. Let it fester for a few days and then point out to a few of the other shareholders what is going on. Ask them to write a leter to the Management about the situation and include that Management should do their job and correct the situation. "Maybe we need a new Management Company"!!!!
the children living in apartments without the shareholders was brought up. The managing agent who was acting as secretary at the meeting said it was perfectly ok. i stated that par 14, stated " and "not or etc, He tried to bs me, by stating that our proprietary lease said both and/ or, i told him no it didn't, since i had copy with me. Then he said that the laws still uphold the children living there. i explained that the recent court decisions, did not. i had the article printed out, he didn't want a copy, but the board president asked if he could have it, so i got my point across.
i will make more copies and put them under the other owner occupied doors, i was low on printer ink so i only had a couple of copies to hand out, but that was golden.
i am an ex union steward, so i am used to reading the contract almost daily, looking things up, and knowing where the info is, and studying the outcome of cases won or lost by arbitration is the only way to operate.
Make sure the Annual minutes reflect what the Managing agent said. The CEO of the Management company should be sent a copy of both and asked for comment... in writing.
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i couldn't log in correctly when i wrote this,
but it was from me.
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