This information
was compiled from the Proprietary Lease, including the House Rules;
from the minutes of Board of Directors meetings,
whenever there have been new co-op policies or policy changes;
from the procedures followed by our managing agent; and from New
York City and New York State laws pertaining to residential cooperative
buildings.
This website mentions many of the legal rights
and responsibilities of our co-op, its shareholders, and its sublessees
and renters, which are governed by the terms of the Proprietary
Lease and by city and state laws. However, the information provided
here is not exhaustive, and it is therefore not intended to replace
those rights and responsibilities. Instead, this website is
offered as a collection of guidelines that will help preserve a
degree of excellence in our residents' lifestyles and ensure that
our co-op is run in an efficient and effective manner.
IMPORTANT RECENT AMENDMENTS
Sub-letting
A shareholder
may only sublet an apartment with the express approval in
writing from the Board of Directors or the Managing Agent, and provided
the shareholder has been
resident for at least one year. The maximum period of the sublet
shall be for one year. Applications to extend the sublet for subsequent
periods beyond the initial one year shall be subject to a re-application
process and fee. Any shareholder wishing to sublet their unit shall
pay the Cooperative a Sublet Fee. That fee shall be the equivalent
of one month’s
maintenance for the said unit for each period of sublet. (Adopted
by a resolution of the Board on 12 September 2005).
Moving Times
Moves in and out shall take place only on Mondays to
Fridays, except public holidays, between the hours of 9:00 a.m.
to 6:00 p.m.
HOUSE RULES
1. Creation
and Purpose of House Rules. In
addition to its proprietary lease, 515 Edgecombe Avenue Corp.
(hereinafter the Lessor) has adopted the House Rules (as amended
by a resolution of the Board of Directors on 23rd May 2005) set
forth hereinafter for the safety, care, cleanliness and appearance
of the Building and for the common good of all lessees.
(a) The Lessee has
covenanted by the proprietary lease to comply with the House
Rules of the Lessor and to see that they are faithfully observed
by the Lessee's invitees, licensees, employees, agents, contractors
and subtenants and others as are permitted to co-reside in the
Apartment with the Lessee hereunder. Breach of a House Rule by
any of these parties shall be a default under the Lease.
(b) The Lessor shall not
be responsible or liable to the Lessee for the non-observance
or violation of these House Rules by any other lessee or person.
(c) The Board of Directors
(hereinafter the Board) may set such fees as it deems reasonable
and proper, and such fines as it deems reasonable and proper, to
further the observance of the House Rules.
(d) The Board may, from time
to time, in its discretion alter, amend or repeal any of these
House Rules. Any such change shall take effect upon the Lessor's
giving the Lessee written notice of the same.
2. Emergency
Contact Information; Keys. The Lessee shall provide
the Lessor or Lessor's Managing Agent (hereinafter the Managing
Agent) with a telephone number where the Lessee may be reached
at home and at the Lessee's place of business. The Lessee also
shall provide the Lessor or Managing Agent with an emergency
contact name and telephone number. The Lessor and its agents
and their authorized workmen shall have right of entry into the
Lessee’s
apartment or any storage space assigned in accordance with paragraph
(25) of the proprietary lease.
3. No Obstruction
of Public Spaces and Passageways.
(a) The Lessee shall
not obstruct the front stoop and entrance, stairways, public halls,
lobbies, vestibules, entrances, side- and backyards, sidewalks,
walkways, passages, driveways or other public spaces in the Building
(hereinafter referred as "Public Spaces"). The Public
Spaces shall be used only for ingress to and egress from the apartments
in the Building. No trash receptacles, bicycles, carriages, shopping
carts or similar objects shall be placed or left unattended in
the Public Spaces. No Lessee, other resident, or invitee shall
sit on the front stoop of the Building.
(b) No person shall loiter
in the Public Spaces, and no person shall play in them except in
the designated areas and in accord with rules and regulations specified
in the House Rules or by the Board or the Managing Agent.
(c) No article shall
be kept or stored in the Public Spaces except in designated storage
areas, nor shall anything be hung or shaken from the doors, windows,
terraces or balconies, or placed upon the exterior sills or ledges
of the Buildings.
4. Roofs. No
person shall be permitted access to roofs of the Building, except
in the case of fire. The Lessor shall have the right to erect
equipment on the roof, including radio and television aerials
and antennas, for its use and the use of the lessees in the Building
and shall have the right of access to the Apartment for such
installations and for the repairs thereof.
5. Messengers and
Trades people. All messengers and trades people shall
use such means of ingress and egress, and shall comply with such
rules and regulations, as shall be prescribed by the Lessor, the
Managing Agent or the Board.
6 . Moves
and Large Deliveries. Moves in or out and large deliveries
shall take place only on such days and times, and in accord with
such rules and regulations, as are prescribed by the Board or
Managing Agent. The Lessor reserves the right, in addition to
other remedies, to prevent or halt any delivery or move which
violates said rules and regulations.
7. Trash
and Garbage. The
Lessee shall be responsible for placing garbage and non-recyclable
trash into the receptacles provided for garbage and non-recyclable
trash disposal. Recyclable, hazardous and oversized trash shall
be separated by the Lessee and disposed of in such manner as
the Board or Managing Agent may prescribe. The Lessee shall be
responsible for placing recyclable trash into the receptacles
provided for recyclable trash disposal.
(a) The Lessee will
faithfully observe the following procedures with respect to the
use of the receptacles for trash disposal: (i) wrap dust, floor
and powdered waste in compact packages before depositing the
same; (ii) thoroughly drain and wrap in paper all garbage before
depositing the same; (iii) refrain from forcing large bundles
into the receptacles; (iv) crush into tight bundles all loose
papers before placing the same in the receptacles; (v) large
trash items should not be left in the vicinity of the trash receptacles
but placed in the designated area in the backyard; (vi) refrain
from depositing waste of an explosive or inflammable nature therein;
(vii) no trash disposal should take place between the hours of
10 p.m. and 8 a.m. on weekdays and between the hours of 10 p.m.
and 9 a.m. on Saturdays, Sundays and public holidays.
(b) All liability, expenses,
costs and fees incurred by the Lessor in connection with any damage
or injury or in connection with any violation issued against Lessor
or the Building, by reason of the Lessee's failure to abide by
this House Rule, shall be the responsibility of the Lessee and
payable to the Lessor on demand.
8. Falling
or Thrown Objects and Refuse. The Lessee
shall not allow anything whatever to fall from the
windows, doors, balconies or terraces of the Apartment,
nor shall the Lessee permit any dirt or other substance to be swept
or thrown into any of the corridors or halls, elevators
or any other Public Spaces in the Building. All liability,
expenses, costs and fees incurred by the Lessor in
connection with any damage or injury or in connection
with any violation issued against Lessor or the Building,
by reason of the Lessee's failure to abide by this
House Rule, shall be the responsibility of the Lessee
and payable to the Lessor on demand.
9. Awnings,
Projections and Signs.
(a) No
awnings, window air conditioning units, ventilators
or any other object shall be attached to the outside
walls of the Buildings, nor shall any such object
be hung or allowed to project from windows or the
exterior of the Buildings or the perimeter of terraces
or balconies, without the prior written consent of
the Lessor. Clotheslines are not permitted to be
strung on terraces or balconies or in Public Spaces.
(b) No sign, notice, illumination
or advertisement shall be exposed on or at any window or other
part of the Building, or placed on or in any terrace or balcony,
without the prior written consent of the Lessor.
(c) No awnings, blinds,
shades or screens shall be attached to, or hung in, or used in
connection with any door of the Apartment without the Lessor's
prior written consent.
(d) The Lessee shall not utilize
any terrace or balcony for storage of boxes, furniture or other
items that in Lessor's judgment are hazardous or create a hazardous
condition or present an unsightly appearance to neighbours or passers-by.
10. TV
Antenna. No radio or television aerial,
antenna, dish or cable shall be installed by the
Lessee on the roof, terrace, exterior window sill
or ledge, balcony or exterior walls of the Building.
11 . Appliances.
(a) The
Lessee shall install all major appliances (such as
stoves, refrigerators, dishwashers and air conditioners)
in accordance with all applicable provisions of the
lease, including the Lessor's consent if and when
required, and of law, and shall notify the Managing
Agent in advance of all such installations. All work
required to be done by a person licensed to perform
the work, such as plumbing and electrical work, shall
be performed only by duly licensed persons.
(b) The Lessor shall have the
right to conduct periodic audits of the Lessee's appliances. At
its discretion, the Board may levy a charge with respect to appliances,
and may levy that charge retroactively on appliances later discovered
to have been installed without the Lessee giving the required notification
or without the Lessor's consent if and when such consent is required.
(c) The Lessee shall
be responsible for promptly correcting and fully stopping any leak
or drip coming from any appliance in the Lessee's apartment, particularly
as the same applies to air conditioners.
(d) Lessee shall pay a cartage
fee as set from time to time by the Board for the removal and disposal
of broken or unwanted large appliances such as refrigerators, stoves
and air-conditioners and large items of furniture. Neither the
Lessee nor anyone in the Lessee's household or employ shall dispose
of any appliance or other property in the hallways, basement or
other Public Spaces, or store any such appliance in the Lessor's
storage rooms, unless and until written permission is obtained
from the Managing Agent and the Lessee pays the cartage fee to
the Lessor.
12. Decorations
in Hallways. No public hallway of any Building,
including the apartment door and other doors opening
into the public hallway, may be decorated, furnished
or painted by any Lessee without the consent of the Lessor and
of all the lessees to whose apartments such hallway
serves as the means of ingress and egress. In the
event of disagreement among such lessees, the Board
shall decide and such decision shall be conclusive.
13. Co-Residents
and Sub-letting. A
Lessee or joint Lessees are permitted to share their Apartment
with an additional resident or residents only to the extent expressly
permitted in this lease, and subject to the Lessor's maximum occupancy
requirements as the same are determined from time to time by the
Board. At no time shall maximum occupancy exceed standards set
by the housing maintenance code or any other governing authority.
(a) Authorized co-resident(s)
may occupy the Apartment as their residence, provided the Lessee
or joint Lessees continue to occupy the Apartment, and provided
the co-resident(s) occupy the apartment concurrently with the Lessee(s).
Otherwise, the arrangement shall constitute a sublet, not a co-residency
and must be applied for as a sublet, subject to the provisions
of paragraph (15) of the proprietary lease. Any co-residents must
vacate the Apartment promptly when the Lessee(s) cease to occupy
it, for any reason;
(b) A domestic or personal
employee of the Lessee, such as a nurse or housekeeper, may reside
in the Apartment, provided that the Lessee is also in occupancy
at the same time, unless the Lessor shall otherwise approve in
writing;
(c) Lessees who share
their apartment with a co-resident or co-residents are fully responsible
for the conduct of the co-resident(s) within the Apartment and
the Building and for any violations by said co-resident(s) of the
lease or of policies and rules adopted by the Board;
(d) Within thirty (30) days
after a co-resident begins to occupy an apartment in the Building,
or as soon thereafter as the Lessor may request it, the Lessee
shall provide the Lessor with the co-resident's name and other
reasonable information. A formal application is required. The Lessor
further reserves the right to require that both the co-resident
and the Lessee(s) be interviewed by the Lessor's resident selection
committee, the Managing Agent and/or other delegate of the Board. A
basic background check will be conducted at the expense of the
lessee, and the Lessor reserves the right to reject for cause any
co-resident.
14. Guests. The
right of Lessee to have guests in the Apartment shall not include
paying guests (which constitutes a sublet subject to the provisions
of paragraph (15) of the proprietary lease) and shall not entitle
Lessee to operate a boarding house, rooming house or bed-and-breakfast
or any similar enterprise in the Apartment.
15. Maximum Occupancy
Standards. The
Board may establish and vary, from time to time, and the Lessee
shall comply with, maximum occupancy standards for the apartments
in the Building. At no time may they exceed the standard set by
the New York City housing maintenance code or any other governing
authority.
16. Noise
and Playing of Music; Smoking in Public Spaces
(a) No Lessee, other
resident, or invitee shall (i) make any disturbing noises or sounds
that will interfere with the rights, comforts or convenience of
other occupants of the Building; (ii) operate audio or other such
equipment in a manner as to disturb or annoy any other occupant
or occupants of the Building; or (iii) play any musical instrument
or conduct vocal or instrumental practice between the hours of
10 p.m. and 9 a.m. or at any time if the same disturbs or annoys
any other occupant or occupants of the Building. Vocal or instrumental
instruction may not be given at any time in the Apartment except
as lessons to authorized residents of the Apartment, subject to
the foregoing restrictions.
(b) No work shall be done,
except between the hours of 8 a.m. and 5 p.m., Saturdays, Sundays
and holidays excluded, provided, however, that any work which can
produce noise that might be disturbing to building occupants, shall
not be done before 10 a.m.
(c) The Lessor may require
the Lessee to provide carpeting or equally effective noise reducing
material in the Apartment in accord with rules and regulations
adopted by the Board; provided that such requirement shall be imposed
on the Lessee only if the same requirement is imposed on all lessees
in the Building, or if the Lessor has determined that the conduct
of the Lessee or his or her invitees, licensees or co-residents
requires such carpeting.
(d) No one may smoke in the
public halls, stairways, elevators, laundry rooms or other Public
Spaces of the Building
17. Work
by Lessor's Employees. No employee of the
Lessor shall perform any private work or services
for the Lessee, or the Permitted Occupants, or the
Lessee's employees, invitees or contractors unless the Lessor has
authorized its employees to perform such work and
only at such times and in accord with such regulations
as the Lessor may prescribe from time to time. The
Lessor shall have no responsibility or liability
whatsoever with respect to any private work or services
performed by its employees regardless of whether
or not such work was authorized.
18. Home
improvement. To ensure the overall protection of the
physical and structural integrity of the building, and as a courtesy
to all shareholders, all construction or alterations undertaken
in an apartment (with the exception of decorative work) must
be approved in writing by the Board or the Managing Agent prior
to the commencement of such work. Approval by the Board will
require the Lessee to fully comply with the following conditions:
(a) The Lessee must
provide a copy of the written estimate/contract with the vendor.
The contract must include the vendor's full name, address, license
number, insurance certificate, cancellation clause, a clause
stating that the vendor will secure any necessary permits, and
a Workers Compensation clause. Target completion dates should
be included and the listing of work-related items should be clear
and as detailed as possible.
(b) Any renovations or alterations
of an apartment involving the floors or walls and ceilings will
require that the Lessee seal and soundproof those areas adjacent
to the apartment below, above, or adjoining to the apartment that
is being renovated.
(c) Disposal of demolition
debris, construction materials, and any refuse associated to and
arising from the said construction, renovation or alteration is
the responsibility of the Lessee and their contractor. The disposal
of such materials must be performed in compliance with New York
City dust and debris management and lead laws, and undertaken outside
of the building’s refuse removal system. The Lessee and their
contractor must ensure that all public spaces of the building are
clean of debris, dust, construction tools, materials and/or equipment
at the end of each work day.
(d) The Lessee must report
all problems arising from the defined construction work to the
contractor in writing (Certified Mail preferred) with photocopies
given to the Board of the Lessor and/or its designated Managing
Agent.
19. Water
Closets. Water closets and other water apparatus in the Apartment
shall not be used for any purposes other than those for which they were constructed,
nor shall any sweepings, rubbish, rags or any other article be thrown into
the water closets. The cost of repairing any damage resulting from misuse of
any water closets or other apparatus shall be paid for by the Lessee in whose
Apartment it shall have been caused.
20. Broken
Windows. The Lessee shall be responsible for replacing broken windows
unless the Lessor determines that the breakage was caused by the negligence
or wilful misconduct of the Lessor's employees.
21. Clean Windows; Displays. The
Lessee shall keep the windows of the Apartment clean. In case of refusal or
neglect of the Lessee during ten (10) days after notice in writing from the
Lessor or the Managing Agent to clean the windows, such cleaning may be done
by the Lessor, which shall have the right, by its officers or authorized agents,
to enter the Apartment for the purpose and to charge the costs of such cleaning
to the Lessee. Window displays shall be subject to the Lessor's regulations
regarding hours, lighting and the like.
22. Vermin. The
Lessor or its designated agents, and any contractor or worker authorized by
the Lessor, may enter any Apartment at any reasonable hour of the day for the
purpose of inspecting such Apartment to ascertain whether measures are necessary
or desirable to control or exterminate any vermin, insect or other pests and
for the purpose of taking such measures as may be necessary to control or exterminate
any such vermin, insects or other pests. If the condition requiring such control
or extermination was caused by the Lessee, then the costs thereof shall be
payable by the Lessee to the Lessor on demand.
23. Dogs
and Other Animals. The Lessee agrees to comply with the provisions
hereof on the harbouring of dogs or other animals or pets. No
bird or animal shall be kept or harboured in the building unless the same in
each instance has been expressly permitted in writing by the Lessor, Managing
Agent or Board. Such permission shall be revocable by the Lessor. The Lessee hereby further
agrees that these provisions on the harbouring of dogs or other animals or
pets in this lease shall be deemed a substantial obligation of the Lessee's
tenancy.
(a) Dogs must be licensed
by the New York City Department of Health. Cats must be spayed
or neutered and must have received all required vaccinations and
immunizations. Pet owners are required to provide the Lessor with
documentation of compliance with the requirements of this house
rule. In no event shall dogs be permitted in any public space of
the building unless carried or on leash.
(b) The Lessee shall be responsible
for eliminating any odour from the harbouring of dogs or other
animals or pets. The Lessee shall promptly clean up any soiling
of Public Spaces by their dogs or other pets, and will be responsible
for any damage caused by the same.
(c) No pigeons or other
birds or animals shall be fed from the window sills, terraces,
balconies or in the yard, court or Public Spaces of the building,
or on the sidewalks or streets adjacent to the building.
24. Plantings. The
Lessee shall not install any plantings on the roofs of the Building, fire escapes,
terrace or balcony without the prior written approval of the Lessor or, if
the Lessor has issued rules regarding such plantings, the Lessee shall not
install any plantings without complying with the rules. The Lessee shall be
responsible for all damage or injury caused by any such plantings. All liability,
expenses, costs and fees incurred by the Lessor in connection with any damage
or injury or in connection with any violation issued against Lessor or the
Building, by reason of the Lessee's failure to abide by this House Rule, shall
be the responsibility of the Lessee and payable to the Lessor on demand.
25. Clean up. Neither
the Lessee, nor any person residing in the Apartment nor any employee, guest
or invitee of the Lessee or of any person residing in Apartment shall intentionally
spill, drop, scatter, place or leave dirt, debris or other unsightly or objectionable
liquids or materials in any portion of the Public Spaces of the Building. Lessee
shall promptly clean up all such dirt, debris or unsightly or objectionable
materials or liquids intentionally or accidentally spilled, dropped, scattered,
placed or left in any portion of the Public Spaces of the Building by the Lessee
or by any person residing in the Apartment or any employee, guest or invitee
of the Lessee or of any person residing in the Apartment.
26. Storage. If
and to the extent that storage space is provided to Lessees in
the basements at the Lessee's risk, such storage shall be subject
to rules and regulations adopted by the Board, and may be curtailed
or withdrawn at any time by the Board without in any manner affecting
the Lessee's obligations. The Lessor shall have the right from
time to time to curtail or relocate any space devoted to storage
purposes. Storing hazardous or flammable material, such as paint,
in a storage bin is not permitted.
27. Laundry Rooms. If
and to the extent that laundry rooms are made available to Lessees,
the laundry rooms shall be used only during hours designated by
the Lessor. Use of the laundry facilities shall be limited to residents
of the Building and their household employees. Use of the laundry
rooms shall be subject to rules and regulations adopted by the
Board, and may be curtailed or withdrawn without in any manner
affecting the Lessee's obligations.
28. Parking. If
and to the extent parking in or at the Building is made available
to Lessees, the same shall be in accordance with rules and regulations
adopted by the Board. Violation of any such rule or regulation,
or breach of any parking agreement by the Lessee, shall constitute
a default under the lease. Violation of any provision under the
lease shall constitute a default under the parking agreement. No
vehicle belonging to the Lessee or to the Lessee's invitees, licensees,
employees, contractors, subtenants and co-residents shall be parked
anywhere in the Building except in the designated parking areas,
nor shall any such vehicles be parked in such manner as to impede
or prevent ready access to any entrance of the Buildings by another
vehicle or by pedestrians.
29. Community
Rooms. If and to the extent Community Rooms are made
available to Lessees in the Building, the same may be used by
the Lessor, Lessees, other residents, and their invitees for
meetings and social gatherings in accordance with rules and regulations
and any fees established by the Lessor. Such use may be curtailed
or withdrawn without in any manner affecting the Lessee's obligations.
30. Open
Houses, Group Tours, Exhibitions. No
open house, group tour, exhibition of any Apartment or its contents
shall be conducted by Lessees or agent(s) acting on their behalf,
nor shall any auction sale be held in any Apartment or in Public
Spaces, without the consent of the Lessor, Board or Managing Agent.
(a) On the day of an
open house the Lessee(s) or their agents shall ensure that: (i)
a typed or printed notice must be prominently displayed on the
exterior door of the front entrance to the Building, clearly indicating
the hours during which the open house will take place, the Apartment
number and corresponding buzzer number; (ii) the exterior and interior
doors of the front entrance to the Building are not left open and
unlocked during the period of the open house; (iii) upon
conclusion of the open house all signage, equipment, trash and
other debris shall be removed and the area(s) restored to the original
condition immediately before the commencement of preparations for
the open house.
(b) Prospective buyers wishing
to enter the Building must either be met at the front entrance
by the Lessee(s) or their agent(s) or granted entry by the remote
door security system from the Apartment.
(c) The Lessee(s) and
their agent(s) are responsible for ensuring that all appropriate
locks and doors in the Building are secured upon exit.
31. Conservation. The
Lessee shall use best efforts to conserve consumption of water,
electricity and gas in order to keep common costs down.
The Lessee shall promptly report to the Lessor's Managing
Agent, or to emergency maintenance staff on weekends,
any leaking faucets, running toilets or other problems relating
to water, gas and electricity, so that repairs can
be made with dispatch.
32. Complaints
and Management Issues. Complaints
and queries regarding the management and maintenance of the Building
shall be made in writing to the Managing Agent. In case of emergencies,
the Superintendent should be contacted in the first instance by
telephone.
33. Home Owners Insurance. All
Lessees must obtain comprehensive Home Owners Insurance Liability
Coverage for any and all apartments or shares they own. A copy
of the certificate of Home owners Insurance Liability must be submitted
to the Board of the Lessor or designated Managing agent.
34. Revocable
Consent. Any
consent or approval given under the House Rules by the Lessor shall
be revocable at any time.
35. Amendment
of and Addition to the House Rules. These House Rules
may be added to, amended or repealed at any time by resolution
of the Board of the Lessor, and such addition, amendment or repeal
shall become effective upon written notice thereof to the lessees
of the Building.
[Adopted by resolution of the Board of Directors on May 23rd .2005.]
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