Enforcing a smoking ban is stickier in condos than in co-ops. While in both cases a supermajority of the shareholders or unit-owners can amend the bylaws, enforcement is the key issue: A co-op can terminate a shareholder’s lease, but a condominium association’s chief weapon is a fine — and if a repeat offender fails to pay, the board can place a lien on the apartment and initiate foreclosure proceedings. That’s a problematic solution, however, since if the foreclosure succeeds, the mortgage lender — not the board — is first in line to collect money. So is there a solution? Read More……
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