Nonresidential Use - Can Enforcement of Restrictions Be Waived?

, New York Law Journal


In their Cooperatives and Condominiums column, Stroock & Stroock & Lavan's Richard Siegler and Eva Talel write: For a board trying to maintain a harmonious environment, a muted response, or none at all when the owner community is indifferent, may seem applicable when faced with non-residential use of a residential apartment. But while complacent deference may seem pragmatic, a hidden danger may be percolating.

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    I would also add that boards need to be careful about turning a blind eye to one offending use and then enforcing use restrictions against another, which could expose the board to a claim of preferential treatment.

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