Asked on Mar 06th, 2025 on Property Law - New York
More details to this question:
BUILT ABOU 30 YEARS AGO. SMALL PERCENTAGE OF UNITS COULD BE RENTED, AFTER MYO PARENTS PASSED i RENTED CONDO OUT - SINCE 2024 BOARD NO LONGER WANTS RENTERS GOING FORWARD WE ARE GRANDFATHERED IN AND CAN CONTINUE TO RENT BUT MUST PAY THE BOARD $4,000 IN ADDITION TO OUR MONTHLY CHARGES. ALSO MUST GIVE BOARD $1000 FOR SECURITY DEPOSIT . UNIT OWNERS VOTED AND PASSED TWO THIRDS APPROVED . IS THIS LEGAL? AND IF SO ARE THE FEES REASONABLE?
The broad answer to your question is that the board will generally be allowed to make such a rule as long as they followed the by-laws in terms of the methods for voting on such an issue. While the fee seems excessive, the board has the right to do so under it's business judgment authority.
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