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A person can acquire a home through housing cooperatives without buying or renting it. He or she can become a shareholder of the enterprise that owns the property, if the person buys into a co-op. As a shareholder the person is entitled to exclusive use of a housing unit. These units are generally cheaper than the apartments as all the residents of the unit collectively contribute in paying any outstanding bills. Below are answers to few of the more common legal questions about co-op housing: I have been asked by my board to get rid of my puppy; otherwise I would have to leave the unit. I am suffering from depression and I have a medical proof on that. I also have evidence of my daughter’s arthritis. Moreover, I have a signed petition where over 2/3rds of the building have given their consent about changing the rules on keeping pets. How can I fight this legally?
To begin with, your case looks more political than judicial in nature. Therefore, in a situation like this, what you could do is make an appeal to the board to have the issue put up for voting, if you have a signed petition from a majority of the residents. Moreover, you could go and approach some other people who would be willing to give their consent to the rule. This would help you as well. However, your medical condition would not be considered as an exemption from the rules in this case, as you have got no law that could support your position. Every member of the unit is responsible to conduct a bedbug inspection in their respective units that would prevent the bugs from spreading to other units and common areas. Now, if anyone refuses to do that, what legal remedial actions can a board take towards that problem?
On grounds of negligence, wastage and private nuisance, the board can sue the neighbor for his act of refusal to maintain the unit. However, it needs to keep in mind that while it sues the neighbor, there should not be any kind of interference with the rights of other property owners. The decision of whether to put a fine on the neighbor or not would completely depend on the agreement of the board. It can foreclose the neighbor’s interests if he or she fails to pay the fine. Does the real property law 235-f apply in a case, where the board is trying to alter the bylaws that roommates are not permitted especially in a situation, when I am living with my roommate in New York?
In New York, the primary residents of a co-op and condo are owners and not tenants, which is why the real property law 235-f would not be applicable in this case. In fact, the board can actually prohibit the roommates from staying in a condo or housing unit if all the procedures are properly implemented by the board. However, it would not be an easy method for the board to apply this rule retroactively. Many of these co-ops are targeted towards specific groups like senior citizens. If a person wants to be a member of the board, then he or she needs to be aware of all its rules and regulations as every housing unit is exclusive and secured. The ownership requirements of these cooperatives are very strict. If you need any clarification about your particular situation on the subject, you may wish to ask a real estate lawyer for legal insight based on an expert evaluation of your circumstances.
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