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Can a privately owned co-op evict residents for smoking?
Hot Air.com ^ | April 18, 2017 | JAZZ SHAW

Posted on 04/18/2017 5:54:19 PM PDT by Kaslin

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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: Sasparilla

It depends on whether its a ‘house rule’ or a by-law.

While the Board of Directors can change the house rules, typically a change to the bylaws, which are usually incorporated into the proprietary lease, would require a 2/3 vote of the outstanding shares. It’s all under New York State corporate law.

In these big-money cases, everyone will lawyer up, and the litigation will go on for years.


5 posted on 04/18/2017 6:03:36 PM PDT by proxy_user
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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: markomalley

But in the case of the co-op, the co-op corporation owns the property, and you are only entitled to a proprietary lease linked to your shares. However, changing a proprietary lease can be tricky, and most co-op corporations try to avoid the trouble and expense.


9 posted on 04/18/2017 6:15:37 PM PDT by proxy_user
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To: Alberta's Child

Even condos can ban——with a vote by owners———66-67% in most cases.


10 posted on 04/18/2017 6:15:40 PM PDT by Mears
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To: Alberta's Child

In the article, the writer states several times that the units are purchased just like buying a house.


11 posted on 04/18/2017 6:18:12 PM PDT by philetus (Keep doing what you always do and you'll eventually get what you deserve)
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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: philetus

They might be able to evict the owner...maybe. I don’t see how they get out of paying them out for the fair market value of the unit.

This is exactly why you examine the incorporating documents of the co-op and what exactly your rights and obligations are.

I wouldn’t go anywhere near that sort of place. My former townhouse HOA was bad enough, can’t imagine an apartment co-op.


13 posted on 04/18/2017 6:28:56 PM PDT by Ouderkirk (To the left, everything must evidence that this or that strand of leftist theory is true)
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To: philetus

The process is very similar but the differences in the ownership arrangements make for some critical legal distinctions. A co-op board can reject potential owners, for example, in ways that a condo board cannot. People in high-end NYC co-ops run into this problem all the time.


14 posted on 04/18/2017 6:31:23 PM PDT by Alberta's Child
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To: Mears

It might depend on whether it’s a bylaw issue or a master deed restriction. I am working with a condo association where and amendment to the master deed requires unanimous consent.


15 posted on 04/18/2017 6:33:02 PM PDT by Alberta's Child
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To: Alberta's Child

Thanks——I was not aware of the difference.

(I learn something new everyday here.)

.


16 posted on 04/18/2017 6:38:47 PM PDT by Mears
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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: Mears

You’re welcome! Another thing to keep in mind is that condo laws may vary a lot from state to state.


18 posted on 04/18/2017 6:52:57 PM PDT by Alberta's Child
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To: Alberta's Child

Well, as I have said, a condo and a co-op are two entirely different types of legal entities, and different laws apply.


19 posted on 04/18/2017 6:57:49 PM PDT by proxy_user
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To: philetus

>>In the article, the writer states several times that the units are purchased just like buying a house.<<

I know co-ops are different than condos but not the differences. I do know they are able to screen — and reject — prospective buyers with no worries about Equal Housing laws.

It would be interesting to know how this happens (although I can conjecture).


20 posted on 04/18/2017 7:08:13 PM PDT by freedumb2003 (The Civil Rights movement compared content of their character to skin color and chose the latter)
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