In Feb 2016 my co op board updated the by laws regarding air bnb. Stays under 30 days are no longer allowed, and tenants need to be in the house for stays over 30 days or face a $500 penalty per incident. Prior to this I was renting out my spare room on air bnb and had just finished a short term stay when I received the notification. I immediately cancelled the 3 upcoming stays I had to avoid any... [more]
In Feb 2016 my co op board updated the by laws regarding air bnb. Stays under 30 days are no longer allowed, and tenants need to be in the house for stays over 30 days or face a $500 penalty per incident.
Prior to this I was renting out my spare room on air bnb and had just finished a short term stay when I received the notification. I immediately cancelled the 3 upcoming stays I had to avoid any issues.
A month later I received a notice saying I was in violation of the sublet rules and being fined $500.
My question is, can a co-op board fine you for a violation that happened before a rule was enacted? Clearly there may be some overlap of literally a few days of when I received the notice and my last stay.
I have sent numerous emails to management and have not heard back. They have also been racking up late fees on the charge that are now double the original fine. I don't ant to set the precedent of paying for things I'm not liable for. There have been plumbing issues with the building (not my unit) that caused wall damage to my neighbor twice and I was forced to pay for it the 1st time. The 2nd time I put my foot down and the building backed off. It just feels like they can say you owe anything without proving it and charge arbitrarily.
Do I have any recourse? I would love any suggestions on the best way to approach.
Thank you!
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Response by jelj13
over 8 years ago
Posts: 821
Member since: Sep 2011
Usually the managing agent and Board is reasonable and responds these things promptly. They should have give an effective date for the rule. Write to the managing agent and the Board president showing them proof that you were not in violation of the rule when it took effect. Show them the cancellation documents.
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Response by Squid
over 8 years ago
Posts: 1399
Member since: Sep 2008
I'm confused. Are you saying this happened a year and a half ago and you are only now taking it up with management? Or have you been trying to get an answer from them that entire time? If the latter than something is seriously wrong with your management company. One thing to keep in mind though - your proprietary lease and house rules likely already prohibit short-term rentals and 'guest' stays and if so, you were violating policy by AirBnBing in the first place. That said, you may have a valid argument against the fine if you can prove it wasn't in place until after you stopped doing the AirBnB rentals.
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Response by Squid
over 8 years ago
Posts: 1399
Member since: Sep 2008
^^^ corrected to say "unaccompanied guest stays".
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Response by tonyhoward255
over 8 years ago
Posts: 35
Member since: Apr 2016
Part of the tradeoff of buying a co-op is that you in effect substantially restricting your autonomy. Was the co-op in the wrong here? Perhaps. Is it worth fighting over it when the board/managing agent can ultimately decide when and if you sell your co-op? Probably not.
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Usually the managing agent and Board is reasonable and responds these things promptly. They should have give an effective date for the rule. Write to the managing agent and the Board president showing them proof that you were not in violation of the rule when it took effect. Show them the cancellation documents.
I'm confused. Are you saying this happened a year and a half ago and you are only now taking it up with management? Or have you been trying to get an answer from them that entire time? If the latter than something is seriously wrong with your management company. One thing to keep in mind though - your proprietary lease and house rules likely already prohibit short-term rentals and 'guest' stays and if so, you were violating policy by AirBnBing in the first place. That said, you may have a valid argument against the fine if you can prove it wasn't in place until after you stopped doing the AirBnB rentals.
^^^ corrected to say "unaccompanied guest stays".
Part of the tradeoff of buying a co-op is that you in effect substantially restricting your autonomy. Was the co-op in the wrong here? Perhaps. Is it worth fighting over it when the board/managing agent can ultimately decide when and if you sell your co-op? Probably not.
I would just pay the fine and move on!