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1 posted on 04/18/2017 5:54:19 PM PDT by Kaslin
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To: Kaslin

Depends on what the legal coop paperwork says about eviction and corresponding state law.


2 posted on 04/18/2017 5:58:01 PM PDT by Sasparilla ( I'm Not tired of Winning)
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To: Kaslin

Interesting case. Some lawyers are going to make some good money on that one.


3 posted on 04/18/2017 5:58:29 PM PDT by PAR35
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To: Kaslin
Something to remember here is that there is a huge difference between a condominium and a co-op. In a condominium you own a unit and have a title to the property. In a co-op you own a stake in the co-op corporation and the right to lease your unit.

This leads me to believe that a co-op board can exercise a lot of power over residents that a condo board cannot.

4 posted on 04/18/2017 6:03:05 PM PDT by Alberta's Child
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To: Kaslin

It seems to me that a fair compromise might be to disallow smoking (if it’s legal to do so) for anyone moving into the co-op property but grandfather in an exception for current owners and tenants who choose to smoke. the problem will fix itself over time.


6 posted on 04/18/2017 6:05:43 PM PDT by Two Kids' Dad (((( ))))
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To: Kaslin

Purchasing property with covenants is extremely commonplace. If a person buys a condo (co-op) with a covenant that allows behavior within the condo to be regulated, then that’s the way it is. Look at some of the ridiculous rules that HOAs can apply to homeowners in a development. This is a totally feasible extrapolation of the same principle...


7 posted on 04/18/2017 6:12:58 PM PDT by markomalley (Nothing emboldens the wicked so greatly as the lack of courage on the part of the good -- Leo XIII)
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To: Kaslin

Yes.


8 posted on 04/18/2017 6:13:41 PM PDT by Mears
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To: Kaslin

Simple, they can grandfather in all existing owners.

And only allow sales to those who agree not to allow smoking in their units.


12 posted on 04/18/2017 6:28:46 PM PDT by sickoflibs (Trump "I will put America First!")
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To: Kaslin

Don’t see how they could if you are already there. I’m sure they can for future residents.


17 posted on 04/18/2017 6:42:17 PM PDT by mykroar (Congratulations President Trump)
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To: Kaslin

If the tenant has a lease, he has leaseheld rights. It’s a private residence and the landlord cannot prohibit this. They’re morons for spending their ( OUR) money like that, but the landlord can’t regulate it.


21 posted on 04/18/2017 7:19:28 PM PDT by VideoPaul
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To: Kaslin

I hate HOAs. I used be the president of one (elected in absentia). I spent 90% of my time keeping the board from nosing into other people’s business.


22 posted on 04/18/2017 7:59:21 PM PDT by covertInLA
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To: Kaslin
The U.S. Department of Housing and Urban Development maintains that its recently implemented smoking ban protects nonsmokers from secondhand smoke and reduces fire risks.

Just intuitively, I would be intellectually curious about a comparison of cause of fires (if it can be conclusively determined,) between use of smoking tobacco and candles of all kinds.

I sense an overreaching due to desperation...

25 posted on 04/18/2017 9:16:47 PM PDT by publius911 (I SUPPORT MY PRESIDENT?)
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To: Kaslin

Why not get out in front of this and list your unit for sale?

I doubt they will go to a lot of effort to deal with a problem that is going to resolve itself shortly.

Move to a house or a better building.


28 posted on 04/18/2017 11:26:33 PM PDT by CurlyDave
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To: Kaslin

Can a co-op ban homosexuals?


29 posted on 04/19/2017 4:25:20 AM PDT by outofsalt ( If history teaches us anything it's that history rarely teaches us anything)
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To: Kaslin
Can a privately owned co-op evict residents for smoking?

I do not know.

but...

... Can a privately owned co-op evict residents; PERIOD?

30 posted on 04/19/2017 4:42:43 AM PDT by Elsie (Heck is where people, who don't believe in Gosh, think they are not going...)
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To: Kaslin

During high school and college I worked for a home builder. In one of the the larger developments that was say 60% complete the HOA tried to dictate what color siding future buyers might choose. In an effort to increase the variety of colors and 2-3 adjacent houses from being the same color. Of coarse they had no authority to do so. But, often prospective buyers might attend an HOA meeting where they would immediately be strong armed and told what the HOA’s expectations were. These houses where $350k to $425k and that was 15 years ago. You going to pay all that and let someone else pick the color of your house? Crazy busybodies.


42 posted on 04/19/2017 10:09:58 AM PDT by Fitzy_888 ("ownership society")
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