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a shareholder had an approved shareholder for 2 years and then snuck in an unnapproved person she claimed was her niece. this was overlooked for 2.5 years (we think she paid off the super) and then a shareholder started to complain. the tenant was removed with much foot-dragging by the board president. now: considering the shareholder not only lied that her tenant was a niece , and did not seek approval and did not pay the 25% fee she was supposed to - the question is: can the board retroactively charge her the fee - it is almost 3 years of fees totalling about $6500.??
to make it more outrageous there is a new tenant coming in and the board has been advised they cannot back-charge a fee and must say OK since the 3 years of illeglal renting "doesnt count" since they took no action for so long. this seems like VERY poor advice - anyone?? (I might add it only says that a sherholder is allowed to sublet for one year with special consideration for the second year and super special for the third...) I find this advice given the board/coop alarming.
We just went through something similar... First: Read your house rules. Do you allow sublets?
We are now enforcing our house rules. Which, basically does not allow sublets -- except on a one year basis, for owners with serious needs (temp work transfers)
We are allowing legal sublets to run out and giving notice that they will not be allowed to renew the sublet. Some, that have sublet for years -- are going to be allowed six more months -- BUT ONLY -- if they pay past fees. So far, the prospect of having an empty apartment, trying to sell, as oppose to continueing the sublet -- everyone is paying up, and the ones who are not returning, are putting the apartments on the market.
A healthy coOp is owner occupied.
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you mean had an approved tenant for two years - right? the dilema is: should the board ban this shareholder from any more subletting now that they are caught and also charge them backfees for the period of illegal sublet?
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