Page 30 - CooperatorNews NJ Expo 2022

28 COOPERATORNEWS NEW JERSEY —EXPO 2022 NJ.COOPERATORNEWS.COM Contact us today to request a proposal. 520 8th Avenue, Suite 2004 New York, NY 10018 (646) 736-0699 oandsassociates.com • Local Law Compliance – FISP (11), 87 & 84 • NYS Parking Garage Law Inspections • Building Envelope Design & Restoration • Architectural & Interior Design • Structural & Civil Engineering Ensuring your building is compliant, energy efficient & safe for all tenants • Parking Garage Design & Restoration • Historic & Landmark Building Restoration • MEP Design & Energy Audits • NYC Special Inspections • Qualified Exterior Wall Inspectors (QEWI) © 2022 Metropolitan Commercial Bank 99 Park Avenue • 12th Floor • New York • NY • 10016 “Metropolitan Commercial Bank” is a registered trademark of Metropolitan Commercial Bank. Call 888 488-1008 toll free or email to PropertyManagement@MCBankNY.com CooperatorNews Secaucus, NJ EXPO 2022 June Metropolitan Commercial Bank, Laura Capra, 212-659- 0606 PROPERT Y MANA GEMENT BANKING SOL UTIONS & KNO WLEDGE Our commitment to helping Property Managers and Board Members succeed: • Powerful treasury management • Multiple deposit placement solutions • Experienced and dedicated property management bankers Let’s get banking together. In a cooperative setting, evictions are board can notify the lender in a case of used to collect unpaid assessments and to monetary default and the lender will deal with other violations of the govern- ing documents. Unlike the process in a position. Eviction can also be used for condo, the co-op procedure is more like a multiple defaults under the proprietary typical landlord-tenant eviction. The first lease for non-monetary behaviors, such step is to serve the member with a notice as breaking house rules or having a guest informing the shareholder that their pro- prietary lease or occupancy agreement will terminate as of a set date, and de- manding they vacate the apartment on or ing a notice to cure. If that doesn’t resolve before that date. The notice includes the the issue, then they go to court—which basis for termination of the lease, such as McCracken advises against, if it can be non-payment of assessments or carrying avoided. “You don’t want to be there,” he charges. If the default is not cured in the says. Landlord tenant courts tend to favor time prescribed (e.g., the assessments are tenants, and judges will often rule against not paid), then the cooperative may file a landlord—including a co-op board—on an eviction action. Upon filing that ac- tion, the case will proceed like most liti- gation does, as mentioned above. How- ever, cooperatives are not subject to the faulting or chronically disruptive resident statutory 60-day minimum stay that con- dos are. Instead, stays on co-op eviction are notable exceptions. In Massachusetts, orders are usually closer to 7 to 14 days— though depending on the circumstances, ent, explains Ellen Shapiro, a partner with a judge might impose a longer stay. Once Marcus, Errico, Emmer, & Brooks, a law the stay expires, the cooperative can place firm based in Braintree. “If an owner does the eviction order with the sheriff to ex- ecute it. McCracken says there are a number or had an outstanding balance for 60 of scenarios that could set an eviction in days, the board can start a statutory lien motion in a co-op setting. “Nonpayment of maintenance is the most common. According to a co-op recognition agree- ment, in all co-op mortgages, the co-op pay defaulted co-op fees to protect their who isn’t allowed under the lease.” Under the proprietary lease, the corpo- ration can terminate the lease after send- the narrowest procedural grounds. The View from Massachusetts While the process for removing a de- is fairly similar from state to state, there for example, the situation is a bit differ- not pay his or her monthly assessment fees, after the account has been in arrears REMOVALS... continued from page 14 See us at Booth 606 NEW JERSEY See us at Booth 423 NEW JERSEY See us at Booth 719 NEW JERSEY