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3 yr illegal sublet caught but board has been told they can not charge the fee and must let the person sublet for a final year given shareholder promises to then sell. (house rules state that one year is allowed and second year subletting only w special permission and this shareholder has already had 2 approved yrs prior to illegal 3 yr sublet. seems like terrible idea. no?
techically she owes about $6500 in fees plus $1000 fine for illegal sublet.
pls to check your facts..
This is the way it is (unfortunately based on several 1st hand experiemnces); however, if I am proven to be in err anywhere, please tell me how and where.
I am open, and quick to accept correction (we'd like to hear your experiences too - that's why we're here!)
~AR
the shareholder is caught after 2 years. does she have to pay backfees? (she already had 2 yrs of subletting prior - and should the board grant yet a third year after catching her? (house rules only 1 with exception for 2 and 3 - but she already technically has done 4).
AS I said before... I just lost a similar court case. the SH did not have to pay back fees.
It is up to the Board to approve or not.. but have a good reason to disaprove. (watch dor discrinminatory decisions that might come back at you later)
if they were paying and did not bother anyone, you probably are obligated to approve again if it is within your HR guidelines.
AR
the HRs say that one year must be allowed with second at approval and third at special approval/ discretion. so it seems they did not have to allow this third year esp after having caught the sharholder abusing the situation and lying to them.
how come we cant get fees? what did court day? thanks again.
In some instances Goidel says that the board may give the tenant the opportunity to "legalize" the sublet. They may elect to have the shareholder pay the back fees and let the tenant remain. However, Goidel believes this is a bad policy. It provides shareholders with no incentive to comply with the boards rules. "If you get caught (illegally subletting)," he says, "this person has to go."
from 'the cooperator.."
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Sorry to bear unhappy news, but...
Unfortunately, the Board was probably advised correctly.
We would all like to see the funds advance to the Coop, but no judge would award it. After spending good money, the SH will be ordered to remedy the illegal sublet within a specified amount of time. You lost more money chasing justice. It is truly unfortunate, but this is the way it works.
Let it be a lesson the board and management to keep a closer and clearer eye on every apartment. The super plays an important role in notifying management of anyone who moves furniture, or changes in mail or faces. Management should look at things such as the postmarks on the payments when they arrive (a check postmarked from Florida for 2 consecutive months is your flag), there are many more red flags to look for, but that is the managers’ job.
~AR
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