Can a co-op board change regulations to now demand wall-to-wall carpeting throughout a unit?

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Can a co-op board change regulations to now demand wall-to-wall carpeting throughout a unit?

My husband and I bougt a co-op last 9 months ago; we have a 3 year old daughter. Before moving in we were told that it is a house rule to have 80% carpeting. We complied. The unit already had wall-to-wall carpeting in the 2 bedrooms and we put down a rug in the living room. I have never had any complaints from the unit below mine. However, today we received a notice in the mail that this house rule has changed. If you have a child between 2 – 12 you have to have wall-to-wall carpeting in all rooms except the bathroom and kitchen. Is this legal? It seems very unfair.

Asked on August 17, 2011 New York

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

If you bought your unit and there are no recorded "covenants, conditions and restrictions" recorded on your property mandating wall to wall carpeting in your unit, sentiment is that the notice now requiring a change in the "house rule" of 80 % carpeting in the unit has changed has no force and effect upon you.

Although there may be a change in the "house rule", you most likely were never advised of such before close of escrow, and if you had no notice of any recorded "house rules" on the unit you purchased before close of escrow, the rule change does not appear to be a requirement that you need to adhere to given the information provided in your question.

Good luck.


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