Understanding NYC Condo Rules and Regulations

Co-op and Condo Rules and Regulations

Summary

• In New York City, condo rules and regulations are not meant to be onerous. Learn why they are implemented.
• Noncompliant grills are not allowed by the fire department. Grills must be ten feet from the building and not fueled by propane. Some buildings get around this.
• Common areas are not an extension of your home. There are specific rules and regulations regarding weight of objects and where you can hang items.
• E-bikes: Many buildings have been forced to prohibit the storage of these bikes in apartments or the bike room. But there are other options.
• Quiet laws across New York City are from 10PM until 7AM — hard to believe in a city with a reputation for never sleeping.
• Pets: Every building will have a written pet policy as part of their house rules. Here are some of them.
• Can you smoke in your apartment? That depends on your building’s policy. The rules are building specific for each condo, co-op or rental building.
• Advice for smokers looking to sell: Be aware that price may be affected. Here’s why.

On a beautiful, sunny day, I took a break from NYC real estate and attended a broker open house my friend hosted in Larchmont. Easy parking, pristine wide-open spaces, and a landscaped yard with a pool greeted me. Friendly agents welcomed me warmly. I didn’t expect to spend the day discussing rules and regulations for New York City condos and co-ops.

The Westchester group eagerly picked my brains about what’s happening in the market.

“Oh, I owned a co-op years ago,” one agent shared with me. “I would never buy a co-op now. They don’t even let you smoke in your own apartment,” she said.

But can you smoke in a condo you own? The truth is, many buildings have restricted smoking over the past two decades, even as the city has legalized marijuana. Many condos and co-ops now prohibit smoking altogether.

Smoking restrictions aren’t the only rules you’ll find in many Manhattan condos and co-ops. Most rules aren’t designed to be onerous. Buildings implement them to maintain compliance with insurance policies, city ordinances, and to keep the building enjoyable for everyone.

Here’s what I advise my clients to consider regarding rules and regulations when looking to buy.

BBQ Grill Rules

The fire department prohibits noncompliant grills. Grills must stand ten feet from the building and cannot use propane fuel. Some buildings have installed grills on their common roof, fueled by gas lines. Newer buildings typically feature these, as adding a gas line to a pre-existing building can be quite expensive.

Other buildings have circumvented this issue by using briquet-fueled or electric grills. These must also remain ten feet from the building. If they don’t, and the Fire Department responds to fire alarms triggered by excessive smoke, they will issue the building a summons. These fines can be quite expensive. Guess who pays? Everyone in the building, as the operating budget covers the cost.

Rules for Common Areas

People often treat public hallways and stairwells as extensions of their homes. However, fire codes strictly forbid leaving items in the hallway, and your building can easily incur a hefty fine if the Fire Department inspects.

It’s tempting to leave wet shoes, umbrellas, bikes, scooters, strollers, and more in common areas. NYC sidewalks are dirty, and no one wants to drag these items into their home. If you want to store a bike or other items outside your apartment, look for a building with storage or a common bike room. Remember to ask about monthly charges for storage spaces and if there’s a wait list.

House rules usually cover outdoor spaces, even privately owned ones. While rules vary, they generally prohibit hanging anything on the railings. Depending on how the building constructed the outdoor space, rules may also limit the total weight of items allowed. Planters with plants, soil, and water can be quite heavy.

The reverse also applies. Items too light and in danger of blowing off your terrace or balcony and injuring passersby might also pose an issue.

Regulations on Electric Bikes

While e-bikes offer an economical and green method of transport, too many fires have occurred when storing these bikes. Many buildings now prohibit storing e-bikes in apartments or bike rooms. Owners must park them on the street or in a garage. Alternatively, you might discover your potential new home is near a Citi Bike docking station, which now offers many electric bike options.

Noise Complaints

Buildings all have rules regarding noise. Most buildings require that the floors in your residence be 80% covered by carpeting to mitigate the sound. Yet no one is likely to check that you have complied with this provision unless there are noise complaints from a downstairs neighbor.

Quiet laws across New York City are from 10PM until 7AM — hard to believe in a city with a reputation for never sleeping. If you are noise-sensitive you will quickly learn that these rules are more likely to be enforced in neighborhoods that are largely residential and not hosting nightlife activities.

Rules about Pets

Every building will have a written pet policy as part of their house rules. Some may limit the number of pets to two — or perhaps a limit of three pets but only two dogs. Each building varies.  Other buildings list, “no notorious breed of dogs,” allowing the board more discretion if a dog becomes aggressive and causes problems.

Do not assume a building allows dogs simply because you see someone enter or leave the building with fido in tow. Some buildings have decided to no longer allow dogs, but they must “grandfather” existing dogs.

Then there is the legal obligation to allow emotional support and service animals regardless of the policy. We sold an apartment recently in a “no dog” building yet the buyers had a service dog. One of their children has a medical issue and the dog has been trained to alert the parents if there is a problem even in the middle of the night. The dog can smell the problem before it becomes life threatening.

Be careful not to assume your neighbor’s exception to the building’s no dog policy is frivolous. Dogs today are trained to do far more than search and rescue.

What size and breed is your dog?

Buildings rarely ask about cats’ sizes and breeds as they mostly stay indoors, but they often inquire about dogs. Why? Dogs typically use the elevator one to four times daily. Many buildings welcome dogs but restrict their size, often limiting weight to 30 or 50 pounds.

We faced a challenge when helping a client find a home for herself and her 80-pound dog, Sunny. We searched for a property she wanted in her preferred neighborhood and price range. Eventually, we succeeded, and today Sunny and his owner happily live just blocks from a terrific dog park where they’ve both made new friends.

Another buyer owned a gorgeous Golden Retriever. During our search, we discovered that some buildings require pet owners to use only the service elevator when transporting their dogs. Our client felt uncomfortable with this policy, believing it slighted a family member, albeit a four-legged one. After all, the dog did a wonderful job watching over their two small children, earning his place in the family.

Understand the Doggie Interview

Many New York City Co-ops will interview both you and your dog! Some buildings even insist on weighing your dog, so be honest on the application. If you have a younger dog likely to become excited by meeting (and sniffing) a room full of new people, take the dog for an exhaustive walk before the interview and don’t forget the treats.

A barking problem may become an issue. No matter where you choose to live, if your dog’s noise disturbs your neighbors, you must correct the behavioral issue. The good news is that many excellent dog trainers can help your dog feel more comfortable in their new home when you’re not there.

Smoking Laws

New York City passed the Smoke-Free Air Act in 2002, prohibiting smoking in most workplaces and public spaces, including in front of buildings. You can still smoke in private vehicles and on sidewalks. Can you smoke in your apartment? That depends on your building’s policy. Each condo, co-op, or rental building sets its own specific rules.

A smoke-free building policy prohibits smoking in any common areas, including hallways, outdoor spaces, and shared spaces like residents’ lounges. While a board of directors cannot prohibit smoking inside an apartment, they can impose fines if complaints about smoke from your apartment arise. This applies to both individual condo owners and renters.

In my condo, we had a renter who smoked constantly and invited friends over to smoke. Anyone walking in the hallway would get a contact high simply getting off the elevator. The board imposed fines multiple times, yet the behavior persisted. When the lease came up for renewal, the managing agent informed the landlord that they would be responsible for paying the fees if they renewed the lease. The landlord then found a smoke-free tenant.

Advice for smokers who are selling

Don’t smoke inside an apartment if you plan to sell. A few years ago, I listed a property across the hall from a chain smoker. Cigarette smoke permeated the hallway and adjacent apartments, making it difficult to find a buyer. Even countless air filters and sprays couldn’t eliminate the odor.

Whether you live in a condo or co-op, smoke not only damages health — it also hurts sale prices.

If you smoke and want to do so in a condo you own, check the policy in advance. You’ll need to sign off on any no-smoking policy when you submit the purchase application, which happens after you’ve signed the purchase contract and committed to the transaction. In vertical living situations, be courteous to your neighbors. Prevent secondhand smoke from wafting into neighboring apartments to maintain good relations.

Advice for non-smokers looking to buy

To avoid secondhand smoke, ask if the building you’re considering is smoke-free. Also inquire about any past smoke complaints — policy implementation can differ from the written rules. One conscientious listing agent revealed to me and my buyer a two-year-old complaint. Though it had happened in the past, it came up during our due diligence.

All of these condo rules and regulations are designed for everyone’s safety and comfort. Yet some people find them annoying. If you are looking to live with fewer rules, I recommend exploring townhouses. I would love to hear from you and how you feel about the rules in your building.