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I own a unit in a small coop building. The Board recently redid the old house rules and added a rule stating that people are not allowed to write in chalk on the sidewalk in front of the building and adding that anyone in violation will be fined. Can a coop board create and enforce a rule when it pertains to property that is not actually part of the coop? My understanding of this is that the sidewalk located off the property is not within the coop's jurisdiction and that any writing (as long as it is not libelous) is simply freedom of expression. Can anyone clarify whether such a house rule can be enforced?
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Firstly, the right to impose fines must be in the proprietary lease. If it is not, then they are unenforcable.
Secondly, I believe that sidewalks are public. What you should go out and write in chalk is that this is a dumb rule.
But what is the reason to impose such a rule? Was someone writing something offensive on the sidewalk?
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