How to Build Community in Your Condo or Co-op

When building up the community in a coop or condo, there are some common and very effective tools that a co-op board or condo board can use. But first, let’s talk about building a community in general.  Like all other aspects of my life, I spend a lot of time building relationships and my community.  […]

The Hot New Amenity for Co-ops and Condos? Green Space (NY)

Smart co-op and condo boards are always looking to add amenities that will make their buildings more livable – and make the apartments more valuable. Instead of weighing conventional options, such as a gym, community room or bike storage, those boards might want to consider adding or expanding an amenity whose value has been heightened […]

Ask Mary: The Board-Manager Tie Is About More Than Chemistry (NY)

In the last eight years, our condo has been through three managing agents at two different property management companies. Things always start off OK, but at some point the relationship goes sour, and we part ways. We’re losing momentum and getting frustrated. What are some tips for creating and keeping a healthy partnership with our […]

Problem Solved: Handling the Hard Insurance Market (NY)

Many co-op and condo boards aren’t aware that the insurance market goes in cycles and that it fluctuates between hard and soft. Can you explain the difference? And where are we now?   Read the entire article……………………………….

Shrinking Federal Subsidies Could Cause Flood Insurance Costs to Soar

Many of the people who own homes, including co-ops and condominiums, near New York City’s 500 miles of waterfront or in flood-prone inland areas just got some unwelcome news. Starting Oct. 1, federal subsidies for flood insurance will begin to disappear in a nationwide experiment to force Americans to pay something closer to the real […]

Due Diligence Can’t Predict All Problems in Co-op and Condo Buildings (NY)

The deadly collapse of the Champlain Towers South condominium in Florida earlier this summer sent shivers all the way to New York City. It rattled co-op and condo boards, potential apartment buyers and the people responsible for ensuring the physical integrity of buildings. It also generated questions. Here’s a big one: How can a prospective […]

Court Says Frivolous Lawsuits Qualify as “Objectionable Conduct” (NY)

Most proprietary leases in housing cooperatives state that a tenant-shareholder’s lease can be terminated for “objectionable conduct.” Some proprietary leases bestow this authority to terminate the lease on the board of directors, while others give it to the shareholders. “Objectionable conduct” can typically include persistently making excessive noise, creating unsanitary conditions inside an apartment, or […]

It’s Not Easy to Prove That a Co-op Board Discriminated (NY)

A couple recently submitted an application to buy into a co-op in Dumbo, Brooklyn. Despite solid financials and a sterling board package, the co-op board rejected the application. The couple’s broker speculated that the reason was the couple’s dogs, even though the building is said to be pet friendly.  Read the entire article……………………………….

Condo Boards Can Get Burned by Inadequate Bylaws (NY)

Purchasing an apartment in a small condominium presents unique problems. Perhaps the most common is the issue of self-management. Often, unit-owners believe that independent management is unnecessary – or too expensive considering the size of the building. But that leads to one of two scenarios: either every unit-owner has to play a large role in […]

Problem Solved: Protection Against Scaffold Law Insurance Claims (NY)

What’s the first thing a co-op or condo board should do when it gets ready to tackle a major capital project?  The most important thing they should do is to contact their insurance broker. That’s one of the biggest things that we as an agency press for our clients – always to be in contact […]

What “Transparency” Really Means in Co-ops and Condos

I spend many evenings every year attending annual co-op and condo meetings, and during the election phase of those meetings, I usually hear demands for better communication from the boards to their shareholders and unit-owners.   Read the entire article……………………………….

Co-op Board Is Rescued by the Trusty Business Judgment Rule (NY)

A common question facing cooperative and condominium boards is: repair or replace? Whether it’s a roof, a boiler or a facade, boards are often faced with this dilemma. One board’s decision on such a matter became the basis of recent litigation when a disgruntled shareholder in a New York City cooperative decided to take his […]

Problem Solved: How to Prevent Phishing and Cyber-Theft (NY)

All our digital devices make us ripe for fraud or a hack, whether it’s out-and-out theft or someone stealing personal information from our servers. From a banker’s perspective, what are the various ways that digital fraud happens?   Read the entire article……………………………….

Video Doorbells Pitting Security Against the Right to Privacy (NY)

A family in a pricey Upper West Side co-op was distraught. The neighbor directly across the small foyer had installed a video doorbell that recorded video and audio every time someone entered the foyer. Worse, the camera was trained at the distraught family’s door, meaning the comings and goings of guests were recorded, as were […]

Loss Assessment Coverage Can Protect Co-op and Condo Residents (NY)

Last week we reported on a sticky situation in Brooklyn. After a devastating fire in 2019, more than three-quarters of the 54 unit-owners in a Sunset Park condominium voted not to restore the building, which cleared the way for all unit-owners to split the proceeds of a building sale and any payouts from the condo’s […]

How to respond to an HOA violation letter

Violation letters are about as pleasing as a December credit card bill. Regardless of whether an owner was expecting a violation letter or not, it tends to strike a nerve.  These letters are sent to owners who have allegedly broken an association rule, but it’s important to remember that violation letters aren’t meant to punish […]

After Devastating Fire, Condo Board Is Sued Over Insurance Coverage (NY)

Many co-op and condo boards are becoming aware of the need for air-tight liability insurance to protect them from the blizzard of personal-injury lawsuits generated by the state’s Scaffold Law. But a case now wending its way through the courts illustrates the equal importance of adequate insurance coverage for the building itself.   Read the entire […]

Hamilton Heights Co-op Board Is Having a Case of Deja Vu (NY)

For some unlucky co-op boards, problems come in pairs. For the 54-unit, affordable HDFC co-op at 94-102 Hamilton Pl. in Hamilton Heights, the pair of problems looks like a case of deja vu all over again.  It started back in 2016, when the outer layer of bricks on one of the co-op’s two l900-vintage buildings […]

Problem Solved: Making Sure Your Insurance is Air-Tight (NY)

When co-op and condo boards tackle major capital projects, making sure that their insurance coverage is in order is critical – thanks in large part to New York State’s one-of-a-kind Scaffold Law. What are the top things boards absolutely must have in order before they start a major capital project?   Read the entire article……………………………….

Ripping off the Band-Aid: Getting Real about Repairs (NY)

Don’t settle for surface-level solutions.  No one likes to get hit with a huge cost that puts a dent in your co-op or condo board’s budget. A large repair or construction project could dip into the board’s reserves or even impose a special assessment. It’s understandable, then, when board members hesitate to make such big […]

For Co-op and Condo Buyers, Due Diligence Matters More Than Ever (NY)

The deadly collapse of the Champlain Towers South condominium in Florida has put a spotlight on the need for due diligence by co-op and condo buyers. For one thing, experts agree, the collapse did away with the notion that buyers should rely on their professionals to ascertain the fiscal and physical health of a property. […]

Problem Solved: Noise From the Upstairs Neighbor (NY)

Perhaps the No. 1 complaint in co-op and condo living is noise. Complaints between neighbors are often difficult to resolve ­– a problem you recently dealt with at a pre-war co-op on Park Avenue.  Read the entire article……………………………….

Co-op and Condo Boards Getting Sticker Shock From Facade Repair Costs (NY)

As of 2021, some 14,000 buildings in New York City must have their facades inspected to make sure they comply with Local Law 11. With COVID, of course, the landscape has changed.  Yes, and there are two sides to that — the engineering side and the contractor side. The engineering fees have gone up dramatically […]

The Climate Mobilization Act’s Surprising Paradox (NY)

Co-op and condo boards are facing a harrowing challenge. Under Local Law 97, the centerpiece of the city’s ambitious Climate Mobilization Act (CMA), all covered buildings larger than 25,000 square feet will be given a yearly carbon emissions budget, or cap. Beginning in 2024, significant fines will be levied against buildings that emit more carbon […]

Co-op Board Overreaches on Window Air-Conditioner Rule (NY)

A co-op board has instituted a new air-conditioner rule: Once a window unit is installed, shareholders are not allowed to remove it at the end of the season. Shareholders who don’t comply will face penalties. When asked to explain the policy, the board president said, “It’s a New York City law, and if we get […]

Justice: Co-ops No Longer Subject to Constraints of Tenant Protection Act (NY)

The co-op community scored a significant victory on Thursday when the state Legislature passed two bills that effectively carve co-ops out of the Housing Stability and Tenant Protection Act. The intention of the act, which was signed into law by Gov. Andrew M. Cuomo in 2019, was to provide protections to the millions of tenants […]

Enclosed Balconies May Not Be Forever (NY)

Many co-op shareholders and condo unit-owners enclose their balconies. After all, who doesn’t want extra living space? However, the case of Village Mall at Hillcrest Condominium v. Banerjee asks a more ticklish question: Was consent to enclose the balcony in a condominium properly obtained – and was it then properly revoked by the board?    Read […]

Welcome to the Board! How to Get New Board Members Up-to-Speed

Congratulations! You have just welcomed a new member to your co-op or condo board. Hopefully their skills, ideas, and experiences can add a fresh perspective to meetings and contribute to the board in exciting new ways. As many co-op and condo residents know, serving on the board can be a big time commitment and feel […]

One Woman’s Journey from El Paso to a Rockaway Beach Condo Board (NY)

“New York is so hectic,” says Arellano, 53, who earned a bachelor’s degree from John Jay College, a law degree from Brooklyn Law School and a master’s degree in accounting from Baruch College after her discharge from the Army. “When I walked into my apartment the first time I went straight to the balcony and […]

Blink& There Will Be a New Law (NY)

While co-op and condo boards grapple with real-world challenges in their buildings, state legislators have been busy introducing measures purporting to solve problems plaguing this housing sector.  Read the entire article……………………………….

Lonely Leaders of Co-ops & Condos (NY)

Being the president of the co-op or condo board can not only feel like a thankless position, but in many ways like a one man show. The president has the final signature, and while the entire board may technically be responsible for certain aspects of the running of the board, the final responsibility (or ‘fault’ […]

Hold a Safety and Security Review for Your Association (NY)

Is your Association simply a business enterprise . . . or is it a community? Of course, it’s both. So along with news of important financial decisions, your Co-op, Condo, or HOA Board would do well to share ideas that will enhance the community’s sense of well-being.   Read the entire article……………………………….

Co-op and Condo Boards Must Walk a Tightrope Over “Private Work” (NY)

The pandemic confronted co-op and condo boards with issues that they had never faced before, from running virtual meetings to enforcing public health mandates. But the pandemic also presented familiar problems in a new light.  Take the problem of private work. “Private work” or “side work” is loosely defined as jobs that building staff employees […]

Co-op Board Learns the High Cost of Being Unreasonable (NY)

Co-op boards can reject the sale of an apartment for any or no reason, as long as that rejection is not based on illegal discrimination. There is an exception: when a surviving spouse receives an apartment after the death of his or her spouse.   Read the entire article……………………………….

Vaccine Passports Could Be a Valuable Tool for Co-ops and Condos (NY)

As the nation continues to make headway with COVID-19 vaccinations, there’s more good news on the local front: Starting April 2, New Yorkers will be able to pull up a code on their cellphones to prove they’ve been vaccinated or have recently tested negative for the virus. The new vaccine-verification app, Excelsior Pass (often referred […]

Cash Incentives Nudge Co-op and Condo Workers to Get Vaccinated (NY)

Gov. Andrew M. Cuomo’s announcement last week that public-facing essential building service workers will be eligible to receive the COVID-19 vaccine as of March 17 was welcome – if long overdue – news for the co-op and condo community. The property management industry was up in arms that co-op and condo staffers deemed essential during […]

U.S. Appeals Court Sides With Co-op Boards in Major Discrimination Case (NY)

In a case that has massive implications for co-op boards and landlords, the U.S. Court of Appeals for the Second Circuit has ruled that boards and landlords cannot be held liable under the Fair Housing Act for failing to intervene in race-based harassment between residents.   Read the article…………………………………….

Umbrella Insurance Policies Have Sprung a Leak (NY)

Co-op and condo boards seeking protection from excess liability – such as a serious injury to a worker during a facade project – are finding that the umbrella policies of yesteryear, with their high coverage limits and relatively low premiums, are a thing of the past. In today’s so-called “hard” insurance market, the math has […]

Top 4 Tips to Run a Board Meeting in Less Than 60 Minutes

One of the disincentives that keeps qualified people from joining their building’s board is the demand on board member’s time. Work in between meeting can generally be done at your discretion, but the meetings themselves are at a set time and day, and can often be long, contentious, drawn out and just plain borrrr-iiiing.    […]

Do Co-op and Condo Boards Have to Play COVID Cop? (NY)

Laying down the law. As the coronavirus pandemic passes the one-year mark, co-op and condo boards are facing a pair of challenging questions: How far must a board go to enforce state and local laws and its own COVID-related house rules? And What are a board’s options when a shareholder or unit-owner fails to comply […]

All Aboard! The Right Way to Bring on New Board Members

Co-op and condo boards are always on the lookout for new blood, but once a fresh recruit joins the team, they don’t always roll out the welcome mat. But having a system to induct new members and identify their strengths – after all, not everyone has clear-cut or obvious skills – can really pay off […]

Upstairs v. Downstairs: Was the Access Lawsuit Worth It? (NY)

When co-op and condo boards set out to perform mandated maintenance to their building exteriors, they frequently need to gain access to neighboring properties to perform the work. It’s customary for both parties to negotiate an access, or licensing, agreement. Usually the negotiations are cordial, but sometimes they break down in acrimony.   Read the article………………………………….

Helpful Legal Tips – Opening Up Association Amenities Amidst Covid-19 (NY)

Coops, condos and HOAs are itching to open up amenities that were temporarily closed because of the Covid-19 Pandemic. We are starting to be asked by boards and management for legal advice about opening up pools, gyms, public meeting rooms, roof decks, playrooms, etc. Every association is different but here are some tips that we […]

Co-ops and Condos Get Ready for an Electric Future (NY)

Like it or not, New York City co-ops and condos are about to get pressed into service as foot soldiers in the war on climate change. The city’s Climate Mobilization Act, one of the most ambitious on the planet, will require co-op and condo boards to reduce their buildings’ carbon emissions to specified levels beginning […]

Delaying Elections Can Backfire for Co-op and Condo Boards (NY)

It’s perfectly understandable that some co-ops and condos have postponed their annual meetings and board elections. Amid the upheavals caused by the pandemic – including working from home alongside equally frazzled family members – distracted board directors may not realize that a year has already flown by. Or they may simply want to adhere to […]