Dear Co-op Counselor; HELP!
We have a board member that is divorced with two small children living in her unit. She has been a member for nearly four years. Recently our board members have heard rumors that a man is living with her, but he is not listed on her latest re-certification. What can we do in this situation?
Signed: Miss Represented
The starting point is to read the Occupancy Agreement and other governing documents. You are likely to find that unauthorized occupants is a violation of the Occupancy Agreement. Bring the matter to her attention and ask her if she would like to rectify the situation. If she is amenable, her “friend” needs to fill out the proper paperwork to be added to the occupancy agreement. Most co-ops have a screening process which includes a criminal background check, if he passes then it is proper to add him as a occupant. If not, he needs to leave immediately or you should start termination proceedings.
If she declines to seek to add him to the Occupancy Agreement, he either leaves immediately (as above) or the Co-op initiates termination proceedings against her.
A final word, since she is a board member she needs to exemplify the best behavior possible, by disregarding the rules she brings discredit against the entire board. The matter needs to be handled swiftly and with the assistance of your cooperative attorney.
Signed: Co-op Counselor (CC)
Disclaimer: While we hope this information is helpful in answering some of your questions, please be advised that the answers provided here are for “general” informational purposes only. This information should not be construed as “legal advice” either to the individual or the Cooperative that they represent, the use of this forum does not create an attorney-client relationship between the user/reader and Mr. Pentiuk or his law firm, Pentiuk, Couvreur and Kobiljak, P.C.
For specific legal advice and personalized assistance with regard to your particular issue or problem you should contact a professional cooperative attorney.