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Board limit # of units a single renter may occupy?

Started by Starling
almost 15 years ago
Posts: 3
Member since: Aug 2011
Discussion about
I am on the board of a condo in NYC. Recently, the sponsor rented several unsold units to a day care. Is there anything we can do as a board to limit any one renter to a single unit? The sponsor occupies a few seats on the board, but at this point individual unit owners are the majority. Thanks!
Response by somewhereelse
almost 15 years ago
Posts: 7435
Member since: Oct 2009

Can't you go after them for running a commercial business out of an apartment?

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Response by NYCMatt
almost 15 years ago
Posts: 7523
Member since: May 2009

Sorry, but you're SOL.

If you want control over what your neighbors do, buy into a co-op.

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Response by downtown1234
almost 15 years ago
Posts: 349
Member since: Nov 2007

couldn't you amend the bylaws to prohibit commercial business in apartments (to the extent it is even allowed) or add a limitation that a single party and its affiliates may only rent a single apartment.

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Response by wellheythere
almost 15 years ago
Posts: 166
Member since: Dec 2008

That's almost certainly not permitted by zoning, the building code, or the C of O. Talk to a lawyer, but the board should be able to invalidate the leases on those grounds as long as there's a majority that sides with you.

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Response by Riversider
almost 15 years ago
Posts: 13573
Member since: Apr 2009

Check the bylaws and the offering plan. There may be limits on renting out residential units as professional or commercial space.

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Response by csn
almost 15 years ago
Posts: 450
Member since: Dec 2007

Not sure but day care with a license from NYS has different rules from most commercial businesses.

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Response by NWT
almost 15 years ago
Posts: 6643
Member since: Sep 2008

The condo's governing documents are written by the sponsor so as to preserve its maximum flexibility. E.g., the usual language saying unsold units can be used for "any lawful purpose."

The ringer is what "lawful" means, so there's always room to spend money on lawyers to dicker over that.

I'd bet the sponsor is going exactly as far as it can.

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