Managing Partner Brian W. Kronick is featured in the April issue of The Cooperator — The Co-op and Condo Monthly, addressing questions about a condominium associations’ options when an owner flaunts association bylaws and sublets to unauthorized tenants.
“We have already have complaints from other owners,” wrote the president of the 25-unit Suffolk County, NY condominium association, including traffic and parking problems related to the three unrelated men subletting the unit. The president wanted to know whether the association had any recourse other than to take the owner to court — and whether it should change bylaws requiring homeowners to submit a copy of a proposed lease before renting.
Kronick recommended developing or amending association rules to address the traffic concerns. The condominium association should also provide notice of the changes to all owners and tenants, especially to the owner and tenants in question. A formal amendment to the condominium’s formation documents is not typically required by association bylaws when amending or enforcing these rules, Kronick wrote. However, a policy requiring leases to be reviewed and approved by the condo board or management office would also be valuable formal amendment to association governance documents.
“Also, it is a good idea to review your bylaws and declaration thoroughly for other remedies,” Kronick wrote. “Your bylaws likely have an enforcement provision that allows the association to fine a unit owner or place a lien on a unit (usually after some form of disciplinary hearing) for failure to observe association rules.”
Find the full discussion here.