Depends on what the legal coop paperwork says about eviction and corresponding state law.
Interesting case. Some lawyers are going to make some good money on that one.
This leads me to believe that a co-op board can exercise a lot of power over residents that a condo board cannot.
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.
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...
Yes.
Simple, they can grandfather in all existing owners.
And only allow sales to those who agree not to allow smoking in their units.
Don’t see how they could if you are already there. I’m sure they can for future residents.
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.
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.
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...
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.
Can a co-op ban homosexuals?
I do not know.
but...
... Can a privately owned co-op evict residents; PERIOD?
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.