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Misbehaving Guests of ShareholdersJan 17, 2008


A shareholder who has been no problem since moving in two years ago recently had a boyfriend move in with her who is causing problems for shareholder above them and in the building in general. For example, they were staining and varnishing their floors, painting etc,. and it dragged on for two weeks causing toxic fumes to permeate the hallways and unit above. They lived elsewhere while this was going on cause the fumes were so bad. This should have been a two day job. The shareholder living above then contacted management and registered complaints about the fumes. Subsequently the new "boyfriend" cursed the shareholer out in the hall. This guy talks so loud you can hear him in the apt above, he shakes the floor in the unit above when he walks. He puts garbage out wherever and whenever he likes disregarding the recycling laws etc. The shareholder he cursed out wants the Board to take some action to head off any further altercations. We suspect drug use on his part as well, Should we send a letter from the co-op lawyer to the shareholder and put her on notice about house rules he is breaching? And what about the cursing etc? We are afraid he is a time bomb. Is a lawyer's letter the next step or a letter from the Board? Thanks, this is a new one.

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Guest/subletter - AliceT Jan 18, 2008


I believe (correct me if Im wrong) after 30 days, a person living in an apartment is no longer a visitor -- but a renter or subletter, and subject to the House rules and a sublet screeing by the Board.

If there is a fire or an emergency, it is the Manangements or Boards legal responsiblity to have a list of all residents, and I believe that after 30 (60?) days, if you live in an apartment -- you have to be listed as an occupant.

There are also Insurance issues that apply, and if they are not listed, than this could lead (accident etc) to a libility issue. We faced this Insurance problem with a S/H who had three full time employees.

Check your House rules and CoOp lawyer. And, as always put your questions in writing, you never know when you will need to refer to the Email trail...

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not correct and roommate law - st Jan 19, 2008


If they are there with the shareholder, they are a "roommate" and not subject to any approvals. fortunately the roomate law overrides and coop laws. However, they cannot engage in offensive behavior. The offensive behavior of this occupant is the problem of the prime shareholder. It must be very well documented and based on %100 fact wiht no element of personal biase.

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Roomate verses Sublet ??? - ALICET Jan 19, 2008


I am intrested in the Roomate Law, could you direct me to where I can find it..

However, I am certain that after 30 (60?) days, anyone living in an apartment -- for legal: libality and insurance reasons, have to be listed.

But do check your house rules...

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the law - st Jan 20, 2008


you can google the law. The landlord may write the sharholder asking for the name of the new resident but they may not ask anything else. They are entitled to the name only (privacy issues). There is no other official process. god bless the roommate law.

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Roommate Law and Guests - NB Jan 21, 2008


What if the "roommate" is not legally registered as living at the co-op? Does the Board have more rights in that case as to screening, employment, etc. of the stranger in town? What if the guest is keeping a rent-controlled residence uptown as well or has a registered address in another state? Do Boards have a right/obligation to do due diligence on unknown people/guests? What form would that take?

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protection and privacy - st Jan 21, 2008


If the person is a friend or other relation to the primary resident and living with the resident the board has no right to ask anything other than a name. I love that boards are too nosy anyhow. the hwole coop concept has gotten really warped. Love the roommate law. it is coop board proof. but also it is non of their business - ie it is meant to protect the domestic partner privacy of a resident.

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Roommate and Board - NB Jan 21, 2008


Yes, privacy protection is an important right but so is the right of shareholders in their building to peace and quiet enjoyment of their premises and knowing who is living in their building for security purposes. We do not care what their relationship is between two peoplle or what they eat for breakfast, we do care when a "guest" or visitor is creating a disturbance by acting in an unruly fashion and threatening shareholders. From the answers I have gotten here it seems like the responsibility falls on the shareholder who owns the unit and we should take action to let her know via a lawyers' letter that these house rules are being violated and she is responsible for the behavior of her guest.

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that is correct. - danny Jan 21, 2008


other than that, you cannot control roommates. each apt. is entitled to one. a papertrial - an OBJECTIVE and accurate paper trail is the correct path for you. The incidents must be 100% factual and not just some loud noise tha tis made occasionally - but have real credibility.

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NJ Coop – letter from attorney - TedT-NJ Jan 18, 2008



If these misdeeds were to occur in our building, we would have our attorney send a certified letter to the owner of the unit indicating the misbehavior of the occupants in the unit with the need for immediate cessation of the undesirable behavior which is contrary to the proprietary lease and bylaws and inimical to the quality of life.

If there is no change in behavior, the second or third letter, depending on the gravity of the situation, would indicate the co-op’s need to begin proceedings to terminate the proprietary lease.

In our case, if the occupancy of the apartment changes and the management office was not formally notified, we would also have the attorney note that in the letter, e.g.: violation of the proprietary lease.

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you have to be VERY specific and - st Jan 19, 2008


correct - get the facts exactly straight in the letter so you cant be sued for harassment or character defamation. the letter cannot be baised on any personal dislike of the person - it must be 100% about behaviour that is in direct violaiton of the house rules, etc.

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misbehaving guest of shareholder - FN Jan 19, 2008


I have to agree with st comments regarding the guest. One has to be oh so careful and not rush to judgement otherwise it may be a very costly lesson that you Coop learns. Make sure you have all your facts, documentation, log records etc correct. I believe it can be worked out in a civil manner without lawyer, attorneys, lawsuits etc.

FN

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