And since most proprietary leases do not contain a specific provision requiring a board to execute a recognition agreement for sponsor sales, the board would have the power to decline to do so.
Arthur I. Weinstein, a Manhattan lawyer who is the vice president of the Council of New York Cooperatives and Condominiums, says most proprietary leases state that repairs of structural damage to the walls and ceilings of an apartment resulting from water penetration are the responsibility of the co-op.
A -- Marc Luxemburg, a Manhattan lawyer who is president of the Council of New York Cooperatives and Condominiums, said that most proprietary leases and occupancy agreements allow the named shareholder to occupy a unit together with family members.
A Lawrence Chaifetz, a Manhattan co-op and condominium lawyer, says most proprietary leases, and court decisions, allow the co-op to require board permission for a nonowner occupant, even a blood relative, to live there if the owner does not.
The shareholder would be liable for any unpaid maintenance and penalties; also, most proprietary leases provide for the recovery of the co-op's legal fees, court fees and related expenses.
But he said that the co-op was most likely responsible for the cost of the new windows and frames, because most proprietary leases place that obligation on the co-op.
A "If a shareholder fails to pay maintenance for more than 60 days after it is due," said Dennis H. Greenstein, a Manhattan co-op and condominium lawyer, "most proprietary leases provide for the right of the co-op to demand by notice that the subtenant of the shareholder pay his or her rent directly to the co-op".
A Theresa Racht, a Manhattan co-op and condominium lawyer, says most proprietary leases contain provisions that could apply in this situation.
A Mary L. Kosmark, a Manhattan co-op and condominium lawyer, said most proprietary leases provide that a board may grant or withhold consent to a sale for any reason or no reason.
