Co-Op Housing Rights

What is the name of your state (only U.S. law)? Michigan

I live in a co-op owned by my late ex-husband. I moved in here with him after purchase and remodeling. He owned it free and clear. It is a co-op versus a condominium. I have lived here 4 1/2 years, taking care of my ex-husband, who was blind and beginning stages of senility (77 years old, I am 61). I was living with him several years before that at another location. We had been married in the 70s.

He passed away this past August 10th.

A few days later, I received a 30-Day Notice to Quit, with the date I was to leave being September 10th, which would mean they got the news of his death by gossip, and actually mailed this out the day of his death.

I had been in the hospital for approximately 2 months due to a serious lung infection that required surgery (or so they told me). During that time my
38-year old son and his 13-year old son moved in to take care his father in my absence. I understand there was a lot of noise and commotion during that time.

I was only home 5 days when my husband passed away due to ventricular fibrulation and myocardial infarction. I got him to the hospital as soon as he began feeling distressed and he passed away a few hours later.

Anyway, the reason for the Notice is "the owner has died and you do not have permission from the Board to live there." I had been approved by a prior Board 4+ years ago.

My husband had gone to an attorney a few weeks prior to his death and drafted a will, however died before he got back to sign it. In it, he left a provision that I could reside here up to 18 months as long as I took care of the monthly fee, bills, repairs, etc. He left the place to our children. Obviously as a former legal secretary, I realize this is probably going to be a somewhat difficult estate due to his dying virtually without a will. He has no property other than this place, probably only worth $40,000 with the market as-is.

I feel under the circumstances I would have a fighting chance to challenge this, at least get a little more time. Pretty cold as I had just got out of the hospital and my husband dies, I have to make the arrangesments for his body, a memorial, etc., and move out?

We don't have a valid Board at this time, in my educated opinion, and I had a bit of a disagreement over them throwing out my mail which made them angry at me. Anything that doesn't fit in the mailbox (which is very small) is put in a wooden box under the mailboxes put there for that purpose. I get a lot of large First Class Mail and found them throwing circulars and First Class Mail out indiscriminately, and on certain occasions daily! I think it's an OCD type problem, but I want my mail!!

Sorry this is so long. Any opinions?

abbey48 said:

Any opinions?

Click to expand...

If you received Board approval 4+ years ago, then why did you receive the notice to quit?

More importantly, the entire relationship here is governed by the proprietary lease for the apartment. Most (but not all) prohibit non-Board approved share transfers via inheritance. So that's the first thing I would check. The next thing is to see who's name(s) are listed on the co-op's shares. Is is just "Husband", or is it something like "Husband and Wife as Tenants in Common" (or even just "Husband and Wife")? If your name appears on the shares, then you may very well have a right to reside there, even absent your husband.

Second, your husband can not "give" you permission to live there 18 months via the will because he doesn't have that power. The Board is the one who determines who can or cannot live there (i.e. "Board approval"). The will, therefore, does not trump the proprietary lease.

Third, some states (and even cities) have enacted specific provisions for the protection of seniors who find themselves in situations similar to yours. Rarely do they completely override a contrary proprietary lease, but they could, for example, give you rights to reside in the apartment for longer than the 30 days given by the Board. Check the internet, call your local representative, see if there is a senior services agency nearby and see if there are any such laws where you live.

Fourth, if the shares are not in your name, you potentially have the option to request the shares be transferred from your husband's name into yours. Usually, this is a minor procedure which Boards will do for a small fee. However, if you've pissed the Board off (for whatever reason), this avenue may be blocked. But still something to consider.

Good luck.