Assessments have been the traditional vehicle for condominiums to raise money for repairs and capital improvements. However, assessments have a couple of drawbacks. First, they usually take a fair amount of time to collect since most unit-owners don’t have a lot of idle cash available. Read the article…………
Getting Politicians to Care About Your Building (NY)
Back in 2011, New York City’s Department of Finance released its annual property assessments for residential buildings in all five boroughs, and co-op and condo residents in Northeastern Queens were not happy with the results. The valuations were comically high, double- and triple-digit increases, setting up huge city property tax increases. Read the article…….
Mold Faithful: Four Things You Need to Know About This Unwelcome House Guest
Co-op and condo boards must take any reports of mold in their buildings seriously – and address them quickly, thoroughly and properly. Here are a few basics all boards should know: Read the article…………..
Make Sure Your Crime Insurance Has Got You Covered
It’s every co-op and condo board’s worst nightmare: your property manager is a crook. Could anything make it worse? How about a technicality on your insurance policy that allows the insurance company to deny your claim? Believe it or not, if you don’t read the fine print or you get the wrong type of crime […]
How a Queens (NY) Condo Got Its Groove (and Its Lights) Back
It was a Saturday afternoon in the summer of 2005. Eng had been living at the 318-unit Regent’s Park Gardens condominium in Queens for just three months, and at first he thought there had been a short circuit in his building. But then he found that the power was off in the development’s 13 other […]
Coping with Leak Legalities (NY)
Cooperative buildings often become embroiled in litigation involving leaks in apartments caused by defects in roofs, exterior façades, or other common areas that are the responsibility of the co-op corporation to maintain. The warranty of habitability is duty that is continuous, cannot be delegated, and cannot be waived. Read the article………..
How Can You Accommodate the Disabled During Capital Work? (NY)
A collection of issues – a disability discrimination claim with facts that were sharply in dispute, an elevator project that shut down one of the building’s two elevators for an extended period, a proprietary lease provision that was less than clear, and an insurance company’s reservation of rights with demands for the insured’s substantial participation […]
The State of Cooperative and Condominium Law in 2015 (NY)
The greatest changes in cooperative and condominium law this past year did not come from the Legislature or from the courts but from the New York Attorney General’s office (NYAG). This article will review some of those changes and the most significant appellate cases affecting co-ops and condominiums.
I Heard the News Today, Oh Boy
What happens when a disgruntled (or perhaps a “principled”) apartment owner creates a website for the purpose of discussing events and conditions in a building and allegedly posts defamatory statements? Read the article…………..
Dealing with Illegal Hotel Rooms and Short-Term Rentals (NY)
When you consider the amount of money that people stand to make by renting out a room in their apartments, you can understand why so many co-op and condo boards have to handle shareholders and unit-owners who want to get in on some Airbnb action. Many of them may ask, “Hey — if my building […]
How Condos Can Deal with Difficult Residents (NY)
Difficult residents? In New York? Get outta here. Unfortunately, it’s a fact of life for cooperatives and condominiums. Difficult residents come in all sorts: they may make noise at all hours or, even worse, not pay their maintenance, common charges or assessments. How co-ops and condos deal them varies. Read the article……….
Survey Says: Communication Can Help Ensure Building-Wide Harmony
When it comes to dealing with hot-button issues in cooperatives and condominiums, many boards have realized that transparency and communication are essential. Today, we examine one very simple way a board can maintain harmony and make building residents feel that their voices matter: conduct a survey. Read the article……….
A Board Follows Its Gut Instinct and It Pays Off Big Time (NY)
When the cops finally came for Michael Richter, the board members of one Queens co-op knew they had done the right thing. Richter, owner of Charter Management, had acted as managing agent for Forest Hills South Owners, a 605-unit co-op spread across seven buildings. They fired him. Read the article…………………
What Happens When Board Members Go Rogue
Do some of your fellow board members have “unofficial” meetings without certain members, where they decide things in advance of the regular meeting? Do they get together in secret and arrange to vote as a bloc? Is this legal? Is this proper? And what can you do about such “rogue” board members? Read the article………….
How Your Co-op or Condo May Be Affected By Recent Insurance Policy Changes
In the wake of recent disasters, co-ops and condos should be warned: insurance companies have instituted a few changes that could affect you. For starters, many have substantially reduced your coverage Read the article………….
How Your Co-op or Condo May Be Affected By Recent Insurance Policy Changes
In the wake of recent disasters, co-ops and condos should be warned: insurance companies have instituted a few changes that could affect you. Read the article………..
Law Firm Loses Appeal – Faces Legal Malpractice Claims (NY)
Kagan, Lubic, Lepper, Finkelstein & Gold LLP v. 325 Fifth Avenue Condominium and The Board of Managers of 325 Fifth Avenue Condominium (Supreme Court of the State of New York) Read the decision (PDF)……………..
2015-16 New York Legislative Update
The 2015-16 New York State Legislative season is here, and on the table are many housing-related bills, many of which directly impact co-op and condo board members, managers and residents. Housing is also on the agenda in the New York City Council, although the main action is in Albany because most housing-related laws are state […]
A Queens (NY) Co-op Tries to Regroup After Board Politics Get Personal
Last week, we presented the continuing saga at Sherwood Village, a Queens co-op where a board found itself evenly split among eight directors. We left off with one half of the board, led by Jonas Winograd, suddenly finding itself in the advantage: one of the board directors who’d resigned took back her resignation, siding with […]
Consider These Green Choices for Your Next Repair or Upgrade project
Earth Day may have come and gone, but the green agenda is very much alive and well in New York. Reducing the state’s energy consumption, for example, is an important part of Governor Andrew Cuomo’s comprehensive energy strategy. Mayor Bill de Blasio, meanwhile, has laid out his goals and targets for a sustainable and equitable […]
Although Individual Board Members Owed a Fiduciary Duty to Individual Condo Owners, the Corporation Did Not (NY)
Condominiums—Homeowners Associations—Business Judgment Rule—Plaintiff May Assert Claim for Breach of Fiduciary Duty and Punitive Damages Against Individual Members of a Board of Directors, But Not Against the Corporation Itself—Although Individual Board Members Owed a Fiduciary Duty to Individual Condominium Owners, the Corporation Did Not Owe Such Duty Read the article………..
Mold Remediation and Conflicts of Interest
Finding mold is never fun. Where there’s mold, there’s probably a leak. And once a co-op or condo board is notified about the presence of mold, it needs to move quickly to not only eliminate the mold safely but also find and fix the cause. Read the article……….
Going Green by Design: Committees Saving Money and the Environment
While it is common for buildings or associations of any size to have designated committees in place to help boards and management handle aesthetic, social, and other community concerns, “green” committees are a more recent trend…though, one that is gaining traction all over the country as environmental consciousness is raised. Read the article…………
Where Does a Co-op or Condo Treasurer Turn to for Advice?
The treasurer of a co-op or condo board plays an important role in the financial health of the property: overseeing the budget, making sure the bills get paid in a timely manner, and finding ways to control costs and maximize income. Ordinary board members without extensive financial backgrounds may find the job daunting. Fear not, […]
Keeping Building Residents Informed… Especially When It’s Bad News
You know when you’re on the subway and the train stops in the tunnel and ten minutes later steam starts coming out of your ears because it looks like you will all be languishing there indefinitely? Sometimes it’s the lack of information that ticks us off. Sure, the conductor “communicates” with the straphangers, saying there […]
Reviewing the Rules on Barbecuing
Temperatures are finally starting to climb, and we’re thawing out at last. Condo owners and co-op shareholders with terraces may be getting ready to dust off their barbecue grills. Now is a good time for boards to review their policies on grilling, so they can keep all building residents up to speed on the rules […]
Ask the Attorney: Reasonable Accommodation for Disabled Residents
When a resident with a disability requests a “reasonable accommodation,” the board has many issues to consider. It has to decide how it should respond, whether cost is an appropriate consideration, what it will communicate to other residents who feel strongly one way or the other, and what it can do to avoid litigation or […]
Board Meeting Participation and the Evolution of Being ‘Present’
Serving on a board, not even necessarily as its president, requires a lot of time and work. Because it can be a very demanding role, you often, though not exclusively, see board members who have retired from their fields and can dedicate themselves to the smooth running of their buildings. Read more……….
New, but Far From Perfect
It took just three years for balconies to crack and concrete to flake from the facade of one Brooklyn condominium. Another building was prone to flooding, because the storm drainage system was never connected to the sewage system. With buildings rising at a pace not seen in years, some fear that shoddy construction could be […]
How to Be a Great Board Member: The Top Do’s and Don’ts
Often, the best, most successful boards and communities share the same combination of habits and traits; all the while, the worst, least successful boards and communities share the same habits and traits, as well. Case in point: there isn’t tremendous mystery in what actions make certain communities successful…and others complete failures. Read more………
Spotlight on Co-op-to-Condo Conversions: Is It Worth It?
New condos are popping up all over the city. It’s understandable when you consider all the perks of owning a condo. Condos tend to command higher prices on the market, but there is also the question of freedom. When you own a condo, it’s yours. Read more……..
Why Boards Must Preserve Their Institutional Memory
The e-mail was polite and breezy. “Sorry to bother you,” a broker who was representing a potential buyer wrote to the secretary of the co-op board. “I seem to missing several amendments to the offering plan. I can only locate the first and second [amendments]. If there are additional amendments, as a third, fourth, etc., […]
Circuit Clarifies Multiple-Victim Sentence Enhancements
The U.S. Court of Appeals for the Second Circuit has clarified the law on applying the multiple-victim enhancement under federal sentencing guidelines. The circuit found that a property manager who stole $139,292 from a condominium association bank account had victimized every one of the association’s members, justifying a four-level sentencing guidelines enhancement. Read more……..
The Five Most Common Slip-and-Fall Areas Co-ops & Condos Should Guard Against
How significant are slip-and-fall cases in the world of co-ops and condos? A quick and unscientific review of the cases filed in the last year shows that more than half seemed to be slip-and-fall cases. A cross-section of insurance brokers, managing agents, and attorneys reported that these were the five most common slip-and-fall areas you […]
CAI Best Practices: Ethics
Simply put, when someone is employing ethics, he or she recognizes what is right and what is wrong and is choosing to do the right thing; however, as a great deal of business ethics literature will attest, “the right thing” is not always straightforward. For example, most ethical dilemmas in the workplace are not simply […]
EDITORIAL: Political signs display constitutional rights
The state mid-level appeals court that decided last week in favor of Queensbury homeowners who put political signs in front of their house took the easy and practical way out. The case involved a conflict between Peter and Peg Jasinski and the Hudson Pointe Homeowners Association, which sets rules for the neighborhood where the Jasinskis […]
Proactively Thwarting Fake Disability Claims Intended to Bring In Pet Dogs
Discrimination claims can hit even the most attentive and well-meaning condo and co-op boards. This is especially true when residents in no-pet or no-dog buildings concoct fake disability claims to demand a pet dog be allowed — and then threaten to sue if the board declines the demand. Read more……….
New York State Court Dismisses Construction Manager’s Third Party Claims Against Subcontracting Geotechnical Engineer
In Board of Mgrs. of the A Bldg. Condo. v. 13th & 14th St. Realty, LLC, 2014 N.Y. Misc. LEXIS 5632; 2014 NY Slip Op 33353(U) (New York Cty. Sup. Ct. Dec. 18, 2014), Hudson Meridian Construction Group, LLC, s/h/a Hudson Meridian Construction Group (“Hudson Meridian”) acted as the construction manager and retained Magnum Management, […]
Why Boards Should Never Ignore Formalities
The client’s tale: A condominium board had instituted litigation against the sponsor. The sponsor moved to dismiss, claiming that the board did not have the authority to act. The court, in analyzing the facts, found that the board had clear statutory authority to institute litigation, but held that because the board had not adhered to […]
Condominiums and Mold –What can a unit owner do?
A Florida woman is complaining about an issue that we see frequently: a neighbor with a severe mold problem. See attached news article. Many condominiums and townhouses are constructed in a manner so that mold in one unit can travel into adjoining units. Its similar to noise or odors: one unit can affect neighboring […]
Will Your Co-op or Condo Lose Its Corporate Status? Because It Happens (NY)
Dean Starkman, a board member of a 12-unit Brooklyn Heights co-op. negotiated with a lender to refinance the mortgage on his apartment, a fairly routine affair. He had assembled all the required paperwork and, he recalls, “the last piece of the puzzle was our certificate of good standing as a corporation.” At that point, the […]
The Co-op/Condo Owner’s Manual (NY)
Thinking of buying a co-op or condo? Already bought, and not sure how co-op/condo life and rules work? Learn all about purchasing a place and living in your new community. It’s not like renting, and its not like owning a house. What’s it like? Check out the articles below to learn all you need to […]
Four-Alarm Fire Leads to Massive Co-op Rebuild (NY)
The November 2013 fire was devastating. It broke out just after 7 p.m. on the third floor of the Kew Gardens co-op and quickly spread to the fourth, fifth, and sixth floors, and to an area below the roof. By the time the four-alarm fire was declared under control at 9:15 p.m., the Queens Courier […]
The ABC’s of Insuring Your Co-op or Condo – Common Terms and Options for Insurance
Sometimes insurance and the terms that accompany it can feel like a completely foreign language. It can be mystifying and overwhelming, whether for individual co-op or condo residents or the board members who oversee the community as a whole. The insurance industry uses a tremendous amount of shorthand, and the degree of coverage has seemingly […]
When Waters Rise – Flood Insurance for Co-ops & Condos (NY)
According to a 2013 poll by the Insurance Information Institute, only 13 percent of American homeowners have some sort of flood insurance policy, and those living in New York City are low on that list. Read more………..
Whether to Repair or Renovate Your Building’s Elevator
When a co-op or condo board is spending money to constantly repair the elevators, it’s time to start thinking about an upgrade. But giving up on stopgap repairs on your co-op or condo’s elevators and tackling an upgrade can be a mammoth undertaking. Without a plan in place and a consultant to help oversee the […]
Reasonable Accommodations
You are a board director in a no-pet building. And you’re happy about it. But an owner has come to you and said “I need an emotional support pet.” Welcome to the world of reasonable accommodations. In this video you’ll learn what you have to accommodate, when it is necessary, and how to do it. […]