I have one apartment in Manhattan and the condo board has been difficult on apartment owners who want to rent the condo out. Our codo book gives board 30 days to exercise the first right of refusal. I am trying to rent my apt and the lease agreement package has submitted 6 weeks ago. My condo board now is still holding the package and intentionally do not issue the waiver. Since it's past 30 days... [more]
I have one apartment in Manhattan and the condo board has been difficult on apartment owners who want to rent the condo out. Our codo book gives board 30 days to exercise the first right of refusal. I am trying to rent my apt and the lease agreement package has submitted 6 weeks ago. My condo board now is still holding the package and intentionally do not issue the waiver. Since it's past 30 days and the board's inaction has constituted a breach of contract, does it mean the board has given up the refusal right and I can let my tenant move in on the lease date? Or do I have to wait for the waiver? What if the board does not give the waiver? My tenant and I are both very concerned as the moving date is at the corner. They are holding it on purpose due to the previous issues we have with the board. Should we sue them in the court? How do we stop the board's outrageous behaviors and power abusing?
Our by law writes "If the residential board fails to accept an offer made pursuant to the term of Section xx here of within the time period set forth (which is 30 days in by law), the Offeree unit owner shall be free to consummate the transaction embodied in the sale or lease agreement within 90 days after (i) notice of refusal is sent to the offeree unit owner by the residential board or (ii) the expiration of the period within which the residential board or its designee might have accepted such offer, as the case may be. Does it mean I can let my tenant in without the waiver?
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