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Co-op Board Guest Issue

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Co-op Board Guest Issue

Postby LIVE54 » Thu Sep 28, 2006 8:29 am

Hi all,

I am the owner of a co-op apartment in midtown and I am having a slight issue with my board in regards to their guest policy. I found out on very short notice that my company wanted me to go overseas for a 3 month business exchange. I had about a week to prepare for the trip so it was a very hectic time for me.

One of my close friends was looking for a place in the city and I offered up my apartment to him for free. Mainly I wanted someone there to look after the place as there are a few "shady" tenants living in the building. I did not tell my co-op board anything as there are numerous owners in the building that illegally sublet their places, or even worse, tenenats that sublet out to their friends. Plus since there was no lease or monetary transaction taking place I figured the board did not need to know.

About 3 weeks later the management company called me to ask about my friend as they finally realized people were illegally subletting and I explained my situation to them and told them that I will be back in December and that he is not a tenant as their is no rent being paid. I did not move out any furniture and all of the utilities are still active and in my name.

The management company said that his presence there violates the guest policy and that they will discuss the issue with the board and let me know of the resolution.

My question is.. what can they actually do to me or my friend? Are there any laws that protect the fact that an owner is allowed to have a longer term guest use the apartment without the owner actually being present?

I am waiting for them to call me and tell me he has to leave and I'd like to at least have some ammunition to fire back at them, especially since this is such a short term issue (2 1/2 months). I do not feel comfortable leaving my apartment vacant for this long a time, especially since all of my furnishings, electronics and most of clothes are still in the place.

What would be the best course of action to persuade my board to allow this guest to stay in my absence for the next 2 1/2 months until my return at which time he will not be staying with me?

Any help would be appreciated...
LIVE54
 
Posts: 6
Joined: Thu Sep 28, 2006 8:03 am

Postby Anna » Thu Sep 28, 2006 3:00 pm

The By-Laws, Proprietary Lease, House Rules, etc., control somet behaviour in co-ops, due to the 'business judgment rule' as affirmed in Pullman; however, some co-op rules are still governed by NYS/NYC statutes, rules, regulations.
http://tenant.net/Court/Hcourt/index.html?x=1042
http://tenant.net/phpBB2/viewtopic.php?t=4424

What do your co-op docs say about guests?
What do they say about employees? [you could convert your friend from 'guest watching apt for me' to 'paid employee housesitting']
Anna
 
Posts: 2538
Joined: Mon Jul 22, 2002 1:01 am
Location: Manhattan


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