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Old 03-07-2014, 11:38 PM
 
39 posts, read 76,593 times
Reputation: 12

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Hi all,

I closed my coop on Feb 15, coop sent me an email today and said they will impose a fine of $1000 cause the tenant from the previous owner haven't move out yet, and the coop deny my permission to move in until the tenant move out. I already told the tenant to move out, and she is looking for a new place and will move out soon.

What can I do? $1K seems a lot. And I do not see anywhere in the house rule state how this $1K fine come from. I've enclose the house rule where it states fine structure, please help! There is also sublet rule, the tenant asked me to let them stay there until they find a new place, and they would pay me for the stay. Does the sublet rule apply here?

12.1 Failure to follow the House Rules constitutes a violation of the Proprietary Lease and is liable to penalties.

NOTE: THE PROVISION OF THIS COPY OF THE HOUSE RULES CONSTITUTES A WRITTEN WARNING OF ANY/ALL VIOLATION.

12.2 The general administrative fee structure is follows:
First Offense: written warning (see above)
Second Offense: $100
Third Offense: $250
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Old 03-08-2014, 02:05 AM
 
Location: New Jersey and hating it
11,096 posts, read 5,786,269 times
Reputation: 15069
Why don't you direct this question to the person(s) responsible for issuing you this fine?
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Old 03-08-2014, 05:59 AM
 
1,058 posts, read 1,878,204 times
Reputation: 577
Quote:
Originally Posted by spiritkey View Post
Hi all,

I closed my coop on Feb 15, coop sent me an email today and said they will impose a fine of $1000 cause the tenant from the previous owner haven't move out yet, and the coop deny my permission to move in until the tenant move out. I already told the tenant to move out, and she is looking for a new place and will move out soon.

What can I do? $1K seems a lot. And I do not see anywhere in the house rule state how this $1K fine come from. I've enclose the house rule where it states fine structure, please help! There is also sublet rule, the tenant asked me to let them stay there until they find a new place, and they would pay me for the stay. Does the sublet rule apply here?

12.1 Failure to follow the House Rules constitutes a violation of the Proprietary Lease and is liable to penalties.

NOTE: THE PROVISION OF THIS COPY OF THE HOUSE RULES CONSTITUTES A WRITTEN WARNING OF ANY/ALL VIOLATION.

12.2 The general administrative fee structure is follows:
First Offense: written warning (see above)
Second Offense: $100
Third Offense: $250

Welcome to the world of New York city coops... what you have is a bunch of morons who have no idea what they are doing. Write them a very nice prosaic letter telling them to "shove it where the sun don't shine". Then tell them to take you to court and if they bother you again you will take them to court. You won't be invited to the next coop movie night but you don't need these neanderthals. Did you have a lawyer for the closing. This should have all been handled and addressed then since the coop board had to sign off on you.... Go back to the lawyer not here to get advice as to your next step.
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Old 03-08-2014, 07:20 AM
 
10,089 posts, read 17,814,226 times
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ROTFL to "NOTE: THE PROVISION OF THIS COPY OF THE HOUSE RULES CONSTITUTES A WRITTEN WARNING OF ANY/ALL VIOLATION."

Pretty sure that's not how it works; you can't give a warning for a violation prior to it occurring, and merely providing the rules can't count as a warning for "any and all" violations.
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Old 03-08-2014, 08:04 AM
 
39 posts, read 76,593 times
Reputation: 12
Thanks for your reply.

I did have a lawyer on the closing, and the tenants told me they would move out by the end of March. My attorney is on vacation, and the coop board demand to resolve it by March 15th. I also went to civil court for legal advise, and the person told me they can't interfere my relationship with my attorney and me, hence, he can't give me any advise.

Quote:
Originally Posted by bilmin View Post
Welcome to the world of New York city coops... what you have is a bunch of morons who have no idea what they are doing. Write them a very nice prosaic letter telling them to "shove it where the sun don't shine". Then tell them to take you to court and if they bother you again you will take them to court. You won't be invited to the next coop movie night but you don't need these neanderthals. Did you have a lawyer for the closing. This should have all been handled and addressed then since the coop board had to sign off on you.... Go back to the lawyer not here to get advice as to your next step.
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Old 03-08-2014, 08:05 AM
 
39 posts, read 76,593 times
Reputation: 12
Thanks for your input. That's what I thought too. Don't know if there is a law statement to quote to the coop board?

Quote:
Originally Posted by nybbler View Post
ROTFL to "NOTE: THE PROVISION OF THIS COPY OF THE HOUSE RULES CONSTITUTES A WRITTEN WARNING OF ANY/ALL VIOLATION."

Pretty sure that's not how it works; you can't give a warning for a violation prior to it occurring, and merely providing the rules can't count as a warning for "any and all" violations.
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Old 03-08-2014, 09:54 AM
 
12,344 posts, read 24,708,820 times
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I can see it from the coop's point of view. Most likely they have a rule against subletting, or perhaps they allow sublets after a certain number of years of an owner living there, or they allow sublets from the beginning but there are large fees associated with subletting. It varies from coop to coop, but those are the likely scenarios.

So now they have a new owner (you) who now owns the shares but doesn't even move in, and is subletting from day 1. This is most likely against the rules, as I stated above, or you owe them the sublet fees, and they are letting you know that with their correspondence.

I really don't see anything wrong with what they are doing (provided the rules on subletting are spelled out in the house rules). One of the reasons people buy coops is they are significantly cheaper than condos, but they also come with a lot of sometimes annoying rules (like rules against subletting). So you bought a coop and are immediately breaking the rules. I can see why they wouldn't be too happy.

Your lawyer should have told you the tenant needs to move out by your closing date, and I don't quite understand why that didn't happen. Perhaps your lawyer is not worth the money you paid him.
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Old 03-08-2014, 10:56 AM
 
648 posts, read 2,410,806 times
Reputation: 284
In retrospect, the closing should have been contingent on a clean vacant unit.

Yes I would consider this a sublet as long as the tenant is still there. I would try to ensure they are out asap, and negotiate the fee with the managing agent/board.
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Old 03-08-2014, 02:17 PM
 
1,058 posts, read 1,878,204 times
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Quote:
Originally Posted by spiritkey View Post
Thanks for your reply.

I did have a lawyer on the closing, and the tenants told me they would move out by the end of March. My attorney is on vacation, and the coop board demand to resolve it by March 15th. I also went to civil court for legal advise, and the person told me they can't interfere my relationship with my attorney and me, hence, he can't give me any advise.
chase down the attorney and tell the coop board you are doing so. The court was right to tell you that and the people here should heed that advice and do the same. Do not pay any fine just let the board know your plans. It is not your fault the tenant from whom you gain no benefit has not moved out.
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Old 03-08-2014, 06:10 PM
 
Location: Washington, DC & New York
10,918 posts, read 29,564,585 times
Reputation: 7125
Quote:
Originally Posted by bilmin View Post
chase down the attorney and tell the coop board you are doing so. The court was right to tell you that and the people here should heed that advice and do the same. Do not pay any fine just let the board know your plans. It is not your fault the tenant from whom you gain no benefit has not moved out.
The tenant is compensating the OP, so they are receiving benefit (per the first post).
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