We retained ownership of a Coop apartment
although it is not our primary residence.
We received a memo from the Coop board saying that we are not occupying the apartment and are in violation of Article 5 of the Occupancy Agreement. Therefore, the garage lease for our parking spot is terminated by them.
Article 5 reads "The Member shall occupy the dwelling unit covered by this Agreement as a private dwelling for himself and his immediate family and for no other purpose and may enjoy the use, in common with the other members of the Corporation, of all community property and facilities of the project, so long as he continues to own stock of the Corporation, occupies his dwelling unit, and abides by the terms of this Agreement."
"The letter reads that since our family is no longer in residence, invoking Article 5 has become necessary"...in order to take away the parking spot.
My view is that the Coop has unjustifiably invoked Article 5. Although the apartment is not our primary residence, we still have possession of the apartment, own stock and returns on a regular basis to use and enjoy the apartment.