Q. We live in a co-op, and one of our neighbors seems to have a constant flow of different strangers entering and leaving their apartment while they are absent. I cannot imagine that the board knows this is going on, and our house rules don’t really cover anything like this. Without language in our governing documents prohibiting unaccompanied guests, how can we regain some control here and keep our building secure?
—Getting it Under Control
A. “This is definitely a tough one to address on a couple levels,” says Michael Simone, founder and managing attorney for the Simone Law Firm, P.C. in Cinnaminson, New Jersey. “First, how does one prove guests are coming when the owner is not present in the apartment? Further, there typically are no rules that preclude how many guests one can have in their place. Is there an issue with the number of guests, or their actions while in the building?
“The owner is responsible for their invited guests, so the key question is whether the guests are misbehaving while entering or leaving the building. If that is the issue, I would focus on this aspect. Similarly if they are too loud, or if they are throwing parties that is where the board can intervene to make sure your use of your apartment is not being impeded.”
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