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Possible unapproved subletJun 21, 2021

We think one of our broad members is subletting . He was asked who was living in his apartment ( as neighbors notice someone new) and he said a roommate but yet he’s never in the building and a woman lives in his apartment and it’s a one bedroom. Don’t want our board to look bad. What should we do? Report to management company? If it is true what would be the consequences?

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Possible unapproved sublet - Steven424 Jun 22, 2021

It's going to be very difficult to "prove" the shareholder/board member is not living in the apartment for the purposes of determining an illegal tenancy. You need some way of capturing if the shareholder actually comes and goes, you can't post a watch 24x7.

Is his social situation such that it's possible he has a girlfriend and works long or odd hours? Do you have a doorman who could note when he comes and goes? Any security cameras or swipe cards that record entrances and exits? All of these are very labor-intensive and may not be worth the effort.

The board as a whole is not going to look bad because one board member had chosen to ignore or violate the rules on subletting. The management company works for the board, so anything the management company finds out will be reported to the board.

Short of hiring a private investigator, I think the best you can do is, if the shareholder is truly subletting, hope that he slips up somewhere and his error is caught. As for consequences, that's a question best answered by an attorney.

Good luck!

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Unapproved subletting - Pooh Jun 22, 2021

No one sees him in the building and especially neighbors who notice the woman in the apartment and he lives somewhere else with his partner.

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Unapproved subletting - Marty Jun 23, 2021

Steven424 is right. Knowing it and proving it are two different things.

Good luck trying to prove it but be ready to let it go if you can't.

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