Did You Know? Boards' Powers Are Limited in Cases of "Protected Classes"

Condo and co-op boards need to verify whether they have the right to take action that could potentially restrain, deny or exclude persons from enjoying individual rights.

For example, we have recently been consulted as to whether:

(a) a [co-op board] can compel a shareholder to evict a mentally disabled subtenant who has engaged in threatening and aggressive behavior, but who was placed in the apartment under a New York City program to help the disabled;

(b) an owner claiming depression has the right to designate a Rottweiler as his emotional support pet despite weight and breed limitations in the house rules; and

(c) a condominium can bar children from using its swimming pool after 8 P.M. so that adults can swim laps. The answers may surprise you.

If a shareholder, unit-owner, or tenant engages in an activity that appears to impinge on the rights of others or violate the house rules, boards should consider checking with their lawyer to confirm how far it can go to control that behavior. The board may have practical as well as legal limitations that will force you to consider alternative courses of action.

Attorney Kenneth R. Jacobs is a partner at Smith, Buss & Jacobs.

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