As the long and cold winter months descends upon the Midwest, the fleeting memories of hot and sunny summer days flood our thoughts. For many, having a shady outdoor patio to relax beneath is crucial for survival of those sweaty summer months. One may wish to install an awning, screened in porch, or a shade canopy to achieve the perfect shaded patio for your living space. But Members beware! Before taking steps for such an installation, Members must consult their governing documents. These may restrict various alterations that involve making changes to the dwelling structure, either externally or internally i.e. the same shaded patio you are looking to install. Members must adhere to their governing documents before modifying any general or common element of the Cooperative as most Cooperatives restrict the use of these types of sun-shade mechanisms in the above mentioned governing documents.
When a cooperative elects to initiate eviction proceedings against a member whose conduct has violated the governing documents - for whatever the reason may be, not every case in a court of law is guaranteed win. Sometimes key witnesses' testimony will change, sometimes witnesses will refuse to testify (even after issued a subpoena), or unfavorable facts may be unearthed during discovery. Even if the cooperative has dotted every "i" dotted and crossed every "t," sometimes judges and juries will side with the resident member in an eviction case despite what the law and facts may show. This is why most civil lawsuits settle.