Tell the board or not tell the board?
Started by Bob246
almost 9 years ago
Posts: 0
Member since: Dec 2016
Discussion about
I own a coop that doesn't specifically say that it has to be my primary residence in the Owner agreement, but I have been told that it does. I want to rent a second home closer to my job. It would require me moving a lot of my furniture from my home to the second home so it would be obvious I was doing something. How should I go about this? Should I make something up or just tell them I got a second home. I will most likely use the second home more often, but still wouldn't consider it my primary residence.
you'll have to disclose it
Don't you just need to tell the super to line the elevator and that's it? If asked then say you are giving your old furniture to someone and you are buying new ones.
Bob,
Do you plan on renting out your coop or just keeping it as your second/third residence? If no plans to rent out, I do not think co-op cares (of course you could be living in a very very stuffy coop). Primary home provision is typically meant to be enforced at the time of purchasing - not for life events like you have. Your maintenance will go up as you will not eligible for primary residence tax abatement from the city.
speak to your lawyer. don't ask a forum
Who "told" you about the requirement? If it isn't in the proprietary lease/house rules then it likely won't be an issue (and you could push back if someone were to make it an issue). That said, if you were specifically told about this condition by a member of the board (during, say, your board interview) or by the managing agent you should tread with caution. In such a case it's best to disclose. Generally boards don't want non-resident shareholders using apartments as guest quarters, renting them out (unless it is an approved sublease) or vacant units lying fallow in the building.
A few questions:
- what neighborhood is this in?
- how long have you lived there?
- what floor is it on?
- where is your second place?
- how expensive if your furniture?
We had someone years ago who bought a "second place" and assured us that they would be going back and forth. Then there was a stranger in the empty unit who the owner said was a "relative". With not much investigation, they were in fact living somewhere else and subletting quietly. Some people will tell you one thing and then later on down the line it becomes a whole new issue. Either this is our primary residence or not. A weekend home does not count if it is just for vacation and/or weekend, The operative phrase is primary residence.
UWS, More than 10% of residents in my small coop do not use our coop as a primary residence. They have more than one home and never sublet. They have occasional guests and family who stay when they are not there. No one has any problem with that. We have never enforced primary residence except at the time of buying.
We think that we will be "ahoxxx" if we enforce this rule due to the change in circumstances of some one. In addition, we even allow subletting for 2 year at a time which is extendible.
What the heck is an ahoxxx?
As long as you pay your maintenance fees and there was no amendment to the by-laws stating it must be your primary
residence there is no issue. The co-op may have rules in place regarding rentals and pied-a-terres, and as an owner you must comply with the rental arrangement, but if pied-a-terres were permitted when you purchased or if nothing was in place either way, the board can't force you to sell or insist you keep your apartment as your primary resident.
Marji Wollin, broker, avery new york
i have been a non primary for 10 years-i go monthly to deal with mail and stay the night. i am now renovating it-it was really falling down and the board refused to do the repairs caused by the building. I want to live there with a roommate and be gone 40 % of the time in my other place-it will not be a sublet as i will be at the co-op on weekends and some nights etc. The rules do not prevent roommates -my neighbor has 2 kids a dog and a roommate .