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Akajt98
Sooo Excited
Member since 6/06 2252 total posts
Name:
Jill
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Is it legal - co-op board question
Can any of you tell me if it is legal for a co-op board to prevent a seller from selling an apartment to a couple who has a small child?
The situation is that my friend is selling her place. It is a Jr 4 that is converted to 2 bedrooms. She has multiple offers, both from families of 3 and her co-op board will not allow them to accept the offer. They will only allow a single or couple to occupy the unit. For the record she is a family of 4 living in this apartment.
Is this legal??
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Posted 1/23/07 12:08 PM  |
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smdl
I love Gary too..on a plate!
Member since 5/06 32461 total posts
Name:
me
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Re: Is it legal - co-op board question
I believe the Board has the final word on this.
That's why I always stayed away from co-op.
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| Posted 1/23/07 12:10 PM |
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kerrycec03
Mom of 2 beautiful boys!!
Member since 6/06 13519 total posts
Name:
Kerry
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Re: Is it legal - co-op board question
I agree, the board can decide who they want there, hence why we stayed clear of co-ops
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| Posted 1/23/07 12:11 PM |
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SweetTooth
I'm a tired mommy!
Member since 12/05 20105 total posts
Name:
Lauren
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Re: Is it legal - co-op board question
Legal - no.
But they can say yes or no to whomever they want and do not have to give the reason. THAT part is legal. If it can be proved they said no because of the kids, then that couple can take the co-op board to court. But unfortunately its very hard to prove it.
Thats why I hate co-op, they can be discriminatory to anyone and get away with it.
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| Posted 1/23/07 12:16 PM |
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MrsS2005
Mom of 3
Member since 11/05 13118 total posts
Name:
B
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Re: Is it legal - co-op board question
It's illegal to discriminate against someone based on familial status (those who live with children under 18). This violates the Fair Housing Act. However, it can be difficult to prove, especially if the board doesn't have to give a reason why the family is being rejected.
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| Posted 1/23/07 12:19 PM |
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SweetestOfPeas
J'taime Paris!
Member since 3/06 32345 total posts
Name:
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Re: Is it legal - co-op board question
OMG that is INSANE! discrimination much? 
I wouldn't touch a co-op with a 100 ft pole
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| Posted 1/23/07 12:22 PM |
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nowanjgirl
LIF Infant
Member since 6/05 143 total posts
Name:
Marlow
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Re: Is it legal - co-op board question
I believe this is illegal and violates the Fair Housing Law/Act.
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| Posted 1/23/07 12:24 PM |
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BriBri2u
L'amore vince sempre
Member since 5/05 9320 total posts
Name:
Mrs. B
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Re: Is it legal - co-op board question
The Board has the final word...trust me - We went through hell to get into our unit - and we are still NOT officially in bc the board decided to take their time...still doing renovations
We will NEVER buy another co-op again...I'd rather rent....
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| Posted 1/23/07 12:45 PM |
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bikramaddict
mommy-to-be
Member since 8/06 4376 total posts
Name:
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Re: Is it legal - co-op board question
That's BS, IMO
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| Posted 1/23/07 1:49 PM |
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Akajt98
Sooo Excited
Member since 6/06 2252 total posts
Name:
Jill
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Re: Is it legal - co-op board question
Posted by SweetTooth
Legal - no.
But they can say yes or no to whomever they want and do not have to give the reason. THAT part is legal. If it can be proved they said no because of the kids, then that couple can take the co-op board to court. But unfortunately its very hard to prove it.
Thats why I hate co-op, they can be discriminatory to anyone and get away with it.
The board has actually told my girlfriend that they will not approve anyone who has a baby on the way (yes one of the prospective buyers was pregnant).
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| Posted 1/23/07 1:54 PM |
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Akajt98
Sooo Excited
Member since 6/06 2252 total posts
Name:
Jill
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Re: Is it legal - co-op board question
I have copied and pasted this directly from the co-op webisite.....is this enough proof??
OCCUPANCY LIMITS
The Board of Directors has established maximum occupancy limits depending upon apartment size as follows:
a) One bedroom apartment - no more than two (2) adults.
b) Two bedroom apartment - no more than two (2) adults and two (2) children.
c) Three-bedroom apartment - no more than six (6) persons, at least two of whom must be children.
The above occupancy limits exist for the full term of ownership of the apartment with the exception of natural, after born children and adopted children.
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| Posted 1/23/07 1:59 PM |
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Beth
The Key to your new home....
Member since 2/06 24849 total posts
Name:
Beth
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Re: Is it legal - co-op board question
call them on it
I hate co-ops for this reason- we rent in one- and we still have to follow most of there rules- I always say as soon as I walk on to the property- it's like leaving America- it's insane
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| Posted 1/23/07 2:08 PM |
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nov04libride
big brother <3
Member since 5/05 14672 total posts
Name:
Me
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Re: Is it legal - co-op board question
Posted by Akajt98
I have copied and pasted this directly from the co-op webisite.....is this enough proof??
OCCUPANCY LIMITS
The Board of Directors has established maximum occupancy limits depending upon apartment size as follows:
a) One bedroom apartment - no more than two (2) adults.
b) Two bedroom apartment - no more than two (2) adults and two (2) children.
c) Three-bedroom apartment - no more than six (6) persons, at least two of whom must be children.
The above occupancy limits exist for the full term of ownership of the apartment with the exception of natural, after born children and adopted children.
So it sounds like they are going by their own occupancy limits if she really has the 1 bedroom size, right? Their definition of 1 bedroom is probably the square footage of the 1 bedrooms in the complex, because someone could put up 12 walls and call it a 4 bedroom...
Message edited 1/23/2007 2:14:32 PM.
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| Posted 1/23/07 2:13 PM |
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Beth
The Key to your new home....
Member since 2/06 24849 total posts
Name:
Beth
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Re: Is it legal - co-op board question
but a Jr 4 is 1 bedroom plus a dining room - which 80% of the people turn into a second bedroom
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| Posted 1/23/07 2:17 PM |
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nov04libride
big brother <3
Member since 5/05 14672 total posts
Name:
Me
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Re: Is it legal - co-op board question
Posted by Beth1210
but a Jr 4 is 1 bedroom plus a dining room - which 80% of the people turn into a second bedroom
I hear you, but they legally may not have a problem since that's in their rules, and they can say the 1 bedroom is based on the size, not number of walls.
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| Posted 1/23/07 2:19 PM |
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Akajt98
Sooo Excited
Member since 6/06 2252 total posts
Name:
Jill
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Re: Is it legal - co-op board question
Does it matter when the rules came into effect? I believe she has owned this apartment over 10 years and these rules were not in effect when she purchased. Needless to say she is really frustrated as she has lost 3 good buyers because of these rules.
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| Posted 1/23/07 2:24 PM |
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Beth
The Key to your new home....
Member since 2/06 24849 total posts
Name:
Beth
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Re: Is it legal - co-op board question
I just re-read it- it seems like it's ok if the childern are born after you buy- but not before
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| Posted 1/23/07 2:25 PM |
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nov04libride
big brother <3
Member since 5/05 14672 total posts
Name:
Me
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Re: Is it legal - co-op board question
Posted by Akajt98
Does it matter when the rules came into effect? I believe she has owned this apartment over 10 years and these rules were not in effect when she purchased. Needless to say she is really frustrated as she has lost 3 good buyers because of these rules.
I don't think so...Did she try to fight the rules when the board voted on them when she was living there? If she got enough support she may be able to have them changed, but it would probably take a while.
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| Posted 1/23/07 2:40 PM |
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MrsS2005
Mom of 3
Member since 11/05 13118 total posts
Name:
B
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Re: Is it legal - co-op board question
Posted by Beth1210
I just re-read it- it seems like it's ok if the childern are born after you buy- but not before
I agree with your interpretation. This is still discrimination b/c they won't sell a 1 bedroom to a family with 1 child. I doubt having 2 adults and 1 child occupy the place violates any building or safety codes. Your friend can always file a complaint or speak to someone about this. Here's the website:
HUD
Good luck.
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| Posted 1/23/07 6:11 PM |
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BabyBoy
is Skylar Elizabeth
Member since 5/05 4189 total posts
Name:
Tom
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Re: Is it legal - co-op board question
i thought someone here mentioned there was a law going into effect that co-op's have to release why people are not accepted....?
ethically this is a bad practice but its there rules...it is bs but nothing u can do...
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| Posted 1/23/07 6:28 PM |
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BnBdreamin
Gonna be a BIG Bro in April!
Member since 10/06 5913 total posts
Name:
Denise
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Re: Is it legal - co-op board question
Awww, you guys are killing me with all the co-op bashing. I have a great unit on the market right now in a great complex! And not all complexes are the same or as strict.
I can understand that your friend is frustrated but that is co-op living. It's a controlled community that does have certain rules to keep the community a certain way and believe it or not the board's intentions are positive. Afterall, the board is comprised of actual residents.
Just because 80% of the residents made a second bedroom out of the dining room does not make it legal to do so nor make it fit into the two bedroom occupancy limit. In my complex, attic access is illegal in upper units, almost all have them; washer and dryers are illegal, a lot of people have them; as well as put up a permanant wall to add a bedroom... illegal. But most of that is a don't ask, don't tell thing.
I honestly do not even know if we have occupancy limits but I certainly would not be opposed to them. You've got to think of the entire complex as a whole. That's what it is, a cooperative community. What you let one do, you let all do. If there were no limits on occupancy, then what prevents 50 families moving in with six children each. The place would be a day camp! And again, because it is a community, these places may be zoned for a certain amount of occupants as most have their own sewage and water treatment onsite. But... that's co-op life. It has its pros, it has its cons. And it is a considerable less cost of living than private home ownership.
On that note... anyone wanna buy a co-op in Oakdale?! 
I wish your friend lots of luck and I feel her pain for wanting to get it sold! 
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| Posted 1/25/07 6:07 PM |
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MrsS2005
Mom of 3
Member since 11/05 13118 total posts
Name:
B
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Re: Is it legal - co-op board question
Posted by BnBdreamin
Awww, you guys are killing me with all the co-op bashing. I have a great unit on the market right now in a great complex! And not all complexes are the same or as strict.
I can understand that your friend is frustrated but that is co-op living. It's a controlled community that does have certain rules to keep the community a certain way and believe it or not the board's intentions are positive. Afterall, the board is comprised of actual residents.
Just because 80% of the residents made a second bedroom out of the dining room does not make it legal to do so nor make it fit into the two bedroom occupancy limit. In my complex, attic access is illegal in upper units, almost all have them; washer and dryers are illegal, a lot of people have them; as well as put up a permanant wall to add a bedroom... illegal. But most of that is a don't ask, don't tell thing.
I honestly do not even know if we have occupancy limits but I certainly would not be opposed to them. You've got to think of the entire complex as a whole. That's what it is, a cooperative community. What you let one do, you let all do. If there were no limits on occupancy, then what prevents 50 families moving in with six children each. The place would be a day camp! And again, because it is a community, these places may be zoned for a certain amount of occupants as most have their own sewage and water treatment onsite. But... that's co-op life. It has its pros, it has its cons. And it is a considerable less cost of living than private home ownership.
On that note... anyone wanna buy a co-op in Oakdale?!
I wish your friend lots of luck and I feel her pain for wanting to get it sold!
There's a big difference between not selling a 1 bedroom to a family of 6 or 8 and not selling a 1 bedroom to anyone with children. I highly doubt there are occupancy laws about having 2 adults and 1 child in a 1 bedroom place. Co-ops are not exempt from complying with the Fair Housing Act. Co-ops cannot discriminate against people b/c they have children. It may be hard to prove, but it's still illegal.
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| Posted 1/26/07 11:34 AM |
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MegZee
My bunny
Member since 5/06 8777 total posts
Name:
Meaghan
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Re: Is it legal - co-op board question
There's a big difference between not selling a 1 bedroom to a family of 6 or 8 and not selling a 1 bedroom to anyone with children. I highly doubt there are occupancy laws about having 2 adults and 1 child in a 1 bedroom place. Co-ops are not exempt from complying with the Fair Housing Act. Co-ops cannot discriminate against people b/c they have children. It may be hard to prove, but it's still illegal.
considering when these co-op communities are built, the first thing that happens is the school district freaks out bc they think that the schools will be burdened - why do you think 55 and over communities are so popular? Bc they can get zoned easier.
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| Posted 1/26/07 11:39 AM |
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MrsS2005
Mom of 3
Member since 11/05 13118 total posts
Name:
B
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Re: Is it legal - co-op board question
Posted by Meaghan729
There's a big difference between not selling a 1 bedroom to a family of 6 or 8 and not selling a 1 bedroom to anyone with children. I highly doubt there are occupancy laws about having 2 adults and 1 child in a 1 bedroom place. Co-ops are not exempt from complying with the Fair Housing Act. Co-ops cannot discriminate against people b/c they have children. It may be hard to prove, but it's still illegal.
considering when these co-op communities are built, the first thing that happens is the school district freaks out bc they think that the schools will be burdened - why do you think 55 and over communities are so popular? Bc they can get zoned easier.
I'm confused as to your point.
Adult communities (55 and over housing) are exempt from complying with the Fair Housing Act.
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| Posted 1/26/07 11:42 AM |
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anjerandunder
Positive thoughts worked!!!
Member since 6/06 1909 total posts
Name:
J
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Re: Is it legal - co-op board question
Posted by BnBdreamin
Awww, you guys are killing me with all the co-op bashing. I have a great unit on the market right now in a great complex! And not all complexes are the same or as strict.
I can understand that your friend is frustrated but that is co-op living. It's a controlled community that does have certain rules to keep the community a certain way and believe it or not the board's intentions are positive. Afterall, the board is comprised of actual residents.
Just because 80% of the residents made a second bedroom out of the dining room does not make it legal to do so nor make it fit into the two bedroom occupancy limit. In my complex, attic access is illegal in upper units, almost all have them; washer and dryers are illegal, a lot of people have them; as well as put up a permanant wall to add a bedroom... illegal. But most of that is a don't ask, don't tell thing.
I honestly do not even know if we have occupancy limits but I certainly would not be opposed to them. You've got to think of the entire complex as a whole. That's what it is, a cooperative community. What you let one do, you let all do. If there were no limits on occupancy, then what prevents 50 families moving in with six children each. The place would be a day camp! And again, because it is a community, these places may be zoned for a certain amount of occupants as most have their own sewage and water treatment onsite. But... that's co-op life. It has its pros, it has its cons. And it is a considerable less cost of living than private home ownership.
On that note... anyone wanna buy a co-op in Oakdale?!
I wish your friend lots of luck and I feel her pain for wanting to get it sold!
I agree with you!! Our Co op has been great to us and our board is fair in its decision. I have agreed with their rules because we have to live with their decisions. The place might be working for your friend but she's moving obviously for more space and your friend didn't have 2 children when she bought it. If she did, the same thing might be happening to her because of the set rules. Unfortunately, living in a co op does have its downfalls, the rules that is, but its still a great place to live. We too need to leave it because of space issues and to be honest, I wouldn't want to sell my 2 bedroom to a family of say 5 because its just not made for that. Its a stepping stone for young couples to start out in like us and for people who need to downsize.
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| Posted 1/26/07 5:56 PM |
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