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The 1996 agreement states that cottage owners cannot sell, sublet, assign or "otherwise alienate" the cottages unless the new occupant is a Town of Brookhaven resident who has signed an occupancy agreement.
Can the board impose this fee without amending the occupancy agreement or the bylaws?
Recently, some board members expressed the desire to alter the occupancy agreement so that fees can be charged for repairs.
There is no mention of this requirement in the occupancy agreement, the bylaws or the certificate of incorporation.
But the authority said that prenegotiations with Apple and Metrazur were necessary given the restaurant's long-term occupancy agreement.
An interim use and occupancy agreement let Mr. Adanalian move in after his rental lease expired, which was several weeks before the closing.
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"But in those cases the co-op will have to enter into occupancy agreements to make sure the co-op knows who the occupant will be".
"Most leases and occupancy agreements require that the board first decide how much money the co-op needs, and then assess the charges to the apartments proportionally," Mr. Schechter said.
Mr. Schechter added that most proprietary leases and occupancy agreements state that a board's past failure to enforce terms of the lease or rules does not prevent it from enforcing them now or in the future.
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.
The Housing Initiative Clinic aided the co-op in drafting its bylaws, occupancy agreements and other organizational documents, as well as providing and coordinating training sessions for residents who wished to join the co-op.
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