Recreational vehicles (RVs) are loved by many people who enjoy travelling and exploring. They provide temporary accommodations on long road trips or camping expeditions. Retirees may even use their RV to travel from their winter home to their summer home. However, RVs can be a point of contention in HOA communities. Read the article………………………………
Here’s How Co-ops and Condos Can Cut Their Energy Bill (NY)
Most of a co-op’s or condo’s budget – roughly 80% – is eaten up by fixed costs, such items as taxes, insurance and staff payroll. Now more than ever, boards need to make sure they’re spending wisely on the sliver of the budget they can control. And one item that many boards view, wrongly, as […]
Co-ops & Condos Have Responsibility with Regard to their Employees (NY)
As we should all be aware by this time, there are a wide variety of rules and regulations that govern our day-to-day co-op and condo operations while we struggle to meet the challenges posed by COVID-19. The Equal Employment Opportunity Commission (“EEOC”), the federal agency which enforces certain federal workplace anti-discrimination laws, including the Americans […]
Mold – Have to Act Quick and Tee Up Your Condo’s or Coop’s Defense (NY)
Water damage + mold growth = lawsuit for damages. Condominiums and cooperatives have to deal with water damage all the time. When it happens, even when action is taken immediately to mediate, there may be mold growth that will eventually rear its ugly head. Where there is mold, you’ll probably find a plaintiff and an […]
Court grants $3k/mo License Fee, Attorneys’ Fees, Etc. for Neighbor Access (NY)
The 40 W. 20th St. Condominium has to sue to gain access to their neighbor’s property for an exterior project and the neighbor got $3,000 per month license fee, attorneys’ fees and other protections from the court. Best course is negotiating access agreements while negotiating the construction contract so there are no delays or unexpected […]
With Assessments Looming, Will Residents Push Back? (NY)
The coronavirus pandemic is squeezing co-op and condo finances from numerous angles. With apartment sales slumping, revenue from flip taxes has largely dried up. With many businesses completely or partially closed, rental income from commercial tenants is spotty. And with countless shareholders and unit-owners suddenly unemployed, their ability to pay monthly maintenance and common charges […]
In Co-ops and Condos, House Rules Overrule City and State (NY)
Even as New York City enters the second week of Phase Two in its reopening process, a Manhattan co-op board is requiring all guests to fill out a form providing their name and address, then answer personal questions about the reason for their visit, the state of their health, and even the mode of transport […]
Boards and Managers Play Traffic Cop as Alterations Reboot (NY)
As Phase Two of New York City’s reopening picks up steam, co-op and condo boards and their property managers are finding themselves cast in the unfamiliar role of traffic cops. They have to decide which apartment renovations and alterations can move ahead first, and how those projects can proceed with a minimum of risk and […]
How Condo Boards Can Deal With Bad Behavior (NY)
If bad behavior in a condo is a serious ongoing situation, what can a board do to fix it? Habitat asks David Berkey, partner at Gallet Dreyer & Berkey, for his advice. It’s inevitable that residents in a co-op or condo sometimes behave in ways that cause headaches for their neighbors. But if it’s a […]
NY Residential Cooperative Corporations and Condominium Associations — Left Out of Protections under Governor Cuomo’s E. O. 202.38 and the Real Estate Entity Guidance But Must Prepare Business Safety Plans
On June 6, NY Governor Andrew Cuomo issued Executive Order No. 202.38 which provides commercial building owners and retail store owners and managers with immunity during the covered period, from claims of violation of the covenant of quiet enjoyment and frustration of purpose if they deny admittance to individuals who refuse to participate in discretionary […]
Do Co-ops and Condos Need a Business Safety Plan? Good Question (NY)
The confusing signals keep coming. The latest confusion surrounds the Business Safety Plan, a document businesses must prepare as the state moves through its phased reopening, outlining steps the business will take to prevent the spread of COVID-19. Some attorneys are advising co-op and condo boards that they’re obligated to formulate plans. Others aren’t so […]
Appellate Division Affirms Annulment of License Agreement to Affix Private Dock to Property Owner’s Association Community Docks (NY)
The Lattingtown Harbor Property Owner’s Association, Inc., (“POA”) entered into a license agreement, dated November 29, 2017, with another member, Peter Tully, granting an exclusive right to affix private docks to the POA’s community dock in exchange for a license fee and services provided to the POA by Tully’s construction company. Another member of the […]
Social Distancing in Co-op & Condo Buildings: Living Apart, Together (NY)
While the majority of apartment dwellers are by nature accustomed to less living space than, say, single-family suburban homeowners, those in denser areas can offset that lack of personal square-footage by living a larger percentage of their lives outside their homes—in restaurants, bars, and public spaces like theatres and concert halls, as well as parks […]
Relationships on the Board: How Close is Too Close? (NY)
The motivation for volunteering to be an uncompensated (and sometimes underappreciated) co-op or condo board member is usually a sense of civic duty combined with the desire to protect one’s own investment and quality of life. This means that the majority of board members actually live in the buildings and communities they serve. And that […]
Relationships on the Board: How Close is Too Close? (NY)
The motivation for volunteering to be an uncompensated (and sometimes underappreciated) co-op or condo board member is usually a sense of civic duty combined with the desire to protect one’s own investment and quality of life. This means that the majority of board members actually live in the buildings and communities they serve. And that […]
What’s a Coop, Condo or HOA Board to do when it can’t get its Records from Outgoing Management? (NY)
When coop, condo or HOA boards rely on management to keep their books and records, getting outgoing management to turn them over to new management can be difficult. Some states like Florida have enacted laws covering transitions, but many states like New York do not have such specific laws yet. Reputable property managers handle transitions […]
Beware of Board, Bad Faith Claims during the Coronavirus Crisis (NY)
Cooperative and condominium boards often have inside information about real estate deals in their buildings. Boards should beware of deals that may arise because of Coronavirus “fire sales” with owners being challenged economically or wanting to escape to a perceived safer location. With their approval rights or right of first refusal, coop and condo boards […]
Pets that Bite – What’s a Board and Management to Do? (NY)
Pets are fantastic but when they demonstrate the propensity to bite, action has to be taken. If a board and management do not do so and follow up relentlessly, they can end up in protracted lawsuits when people are injured. This happened to the Element Condominium board on the Upper West Side of Manhattan and […]
Emergency Management – Planning is Everything (NY)
Planning for a rainy day is pretty easy. Have an extra umbrella handy or a waterproof coat, and you’re probably fine. Planning for the rainiest day ever, on the other hand, is significantly more daunting. Especially if during that day there’s also a fire, an earthquake, or a tornado. It may sound like exaggeration, but […]
Conflicts of Interest will be Problematic for Board Members unless Handled Properly (NY)
Back in 2015, a condo board president’s toilet repeatedly leaked into the apartment below. It was determined that the condominium’s pipes to the toilet were improperly pitched. That was eventually fixed in 2015. But, it also was determined that the seal around the base of the board president’s toilet at the floor was damaged. It […]
Caution Required if Co-op and Condo Boards Enlist Volunteers (NY)
In many cooperatives and condominiums, residents want to step up and offer volunteer assistance to management during the coronavirus pandemic, both in helping vulnerable members of the community and in assisting with ordinary day-to-day tasks, which management may be unable to perform due to staffing issues. As has been the case during staffing shortages due […]
Coronavirus – Building Volunteers – Yes, No or Maybe? (NY)
With coops, condos and HOAs sheltering in place because of the Coronavirus, boards and their management are faced with many challenges. In these difficult times, it is possible that building staff may become ill and can’t be replaced in a timely way. Even when regular staff is in place and healthy, people may want to […]
Mind Your Bid-ness: Combating Kickbacks & Other Fraud
Kickback schemes, bid mishandling, and the like are not always easy to identify—or to prove – because like any illicit activity, this type of fraud is perpetrated in secret. That’s why it’s imperative to build a few basic safeguards into your community’s contracts and procedures to prevent (or at least significantly hinder) wrongdoing by bad […]
Coronavirus – Condo and Coop Boards Must Prepare (NY)
Property managers have been huddling, considering what to advise their condo and coop boards. Disinfecting wipes and Purell dispensers in the lobby, a great idea but is that enough for a board to protect its residents and avoid liability. What happens when a unit owner or shareholder contracts the Coronavirus and is quarantined in their […]
Access for People With Disabilities: the Business Decision (NY)
Co-op and condo boards with commercial space in their buildings have been the targets of a wave of lawsuits. The suits, hundreds of them, have been filed by lawyers of dubious repute on behalf of clients with disabilities, claiming that the buildings’ commercial spaces don’t comply with the Americans with Disabilities Act (ADA). The goal […]
How Will Co-ops and Condos Pay for Energy-Efficiency Retrofits? (NY)
Amid the tumult and trepidation surrounding the passage of New York City’s Local Law 97, the Climate Mobilization Act, there is a surprising ray of good news for co-op and condo boards concerned about the cost of major capital improvements and retrofits: there are numerous affordable financing options. Read the article…………………………
Cooperative and Condominium Tax Abatement Safe from Prevailing Wage Requirement (NY)
Coops and condos will not need to pay their service employees prevailing wages to keep their units eligible for the Cooperative and Condominium Tax Abatement (the abatement). The abatement reduces property taxes between 17.5 and 28.1 percent on average, depending on the assessed value of the units in the development. Read the article…………………………….
Disabled Access Can Ramp Up Lawsuits (NY)
No co-op or condo board wants its commercial spaces to be inaccessible to the disabled. But a particular type of disability lawsuit may be targeting small businesses in your building, not with any intention of seeing them made fully accessible but simply to collect a token fee for the plaintiff – and a large fee […]
Is Your Co-op’s or Condo’s Data Safe? (NY)
Cybersecurity experts agree that surprisingly few co-op and condo boards or their property managers treat personally identifiable information (PII) with the care it deserves. Social Security, bank account, and credit card numbers, plus email addresses and passwords, are all things criminals can exploit. Read the article…………………………
Lost-Income Insurance Protects Co-ops and Condos After a Disaster (NY)
Imagine your building suffers a fire or some other catastrophic event, and several units become uninhabitable. The shareholders or unit-owners vacate during renovations, which means the co-op’s or condo’s monthly income declines while bills still have to be paid. Will your Business Income Insurance carry you through the restoration if it drags on longer than […]
The Challenges of Managing a Distressed Property (NY)
Despite the best intentions of board members, residents, and even managers, co-op and condominium properties don’t always run like well-tuned machines. Sometimes they hit a bump in the road…and sometimes they break down completely. The reasons behind such a breakdown can come from many directions, including financial missteps, physical plant problems, and interpersonal disputes. Read […]
Updating Your Documents: Is It Time for a Facelift? (NY)
The governing documents of a housing development—be it a cooperative, condominium, or homeowners association—spell out the rules, regulations, and policies that all unit owners or shareholders are obligated to follow as a condition of their residence. Read the article………………………….
Co-op and Condo Boards Must Repair and Maintain Sidewalks (NY)
Co-op and condo boards cannot afford to forget one of the more curious aspects of running a building in New York City: the city owns most of the sidewalks, but the city isn’t responsible for taking care of most of the sidewalks. Read the article………………………..
Co-op and Condo Boards Must Repair and Maintain Sidewalks (NY)
Co-op and condo boards cannot afford to forget one of the more curious aspects of running a building in New York City: the city owns most of the sidewalks, but the city isn’t responsible for taking care of most of the sidewalks. Read the article……………………….
Sidewalk Shed Trespass Claims Dismissed against Condo (NY)
In New York City, sidewalk sheds are typical. In many instances, buildings have to install them to perform facade work. If dangerous exterior conditions exist, a sidewalk shed might have to be installed on an emergency basis. That’s exactly what happened at the Icon Building located at 306 West 48th Street back in 2017. Read […]
Court gives Wiggle Room for Condo Declaration and Bylaw Amendments Done Incorrectly (NY)
Amending condominium declaration and bylaws can be difficult; particularly if boards are not guided properly. The original bylaws when the condo was conceived by the sponsor may be outdated, incorrect or need to be changed for a myriad of other reasons. If the board doesn’t do it correctly, the condo could get caught up in […]
Condo Foreclosure Buyer Snoozes and Loses – Board gets to Keep Deposit (NY)
This is a classic story of “you snooze, you lose”. A Brooklyn condo board at 442 St. Marks Avenue Condominium fought hard to collect over $88,000 in arrears from a unit owner. In the end, after a long fight, the board gets to keep $49,000 in a good faith deposit by a purchaser at the […]
Updating Your Documents: Is it Time for a Facelift?
The governing documents of a housing development—be it a cooperative, condominium, or homeowners association—spell out the rules, regulations, and policies that all unit owners or shareholders are obligated to follow as a condition of their residence. Read the article………………………
Board Members Stuck in Lawsuit Individually – Business Judgment Rule Doesn’t get them out on Summary Judgment (NY)
Whenever cooperative, condominium or HOA board members are sued individually in a lawsuit, the first thing counsel will try to do is get the case dismissed against the individuals. The general principle is that if the board members did not commit tortious acts independent of their decision making as board members, then they shouldn’t be […]
Communication and Training Are Key Before Disaster Strikes (NY)
In New York City, there are numerous safety regulations governing commercial buildings and hotels, but they do not apply to co-ops, condos, or other residential buildings. Where commercial tenants practice drills and listen to safety directors on a regular basis, the residential sector is required only to pass out the Fire and Emergency Preparedness Guide. […]
NY’s First Department Walks Back Pomerance Condo Document Inspection Rights a Little Bit
New York’s Appellate Division, First Department (which covers the Manhattan and Bronx) just decided a case by a unit owner seeking to inspect certain condominium records. In Frankel v. Board of Managers of the Central Park West Condominium, the Court just decided on November 14, 2019, that dismissal of the plaintiff unit owner’s claim seeking […]
New Roofs Must Now Be Green or Solar or Both (NY)
Local Laws 92 and 94, part of the Climate Mobilization Act, go into effect on Nov. 15. They require that all newly constructed buildings and all buildings undergoing a complete roof replacement must have a “sustainable roofing zone” covering the entire roof surface. A “sustainable roofing zone” is defined as a solar photovoltaic electricity-generating system, […]
Costs and Income Must Be in Balance (NY)
A lot of co-op and condo boards seem to think that keeping the monthly maintenance or common charges down is the way to go. But what happens when costs outrun income? Read the article……………………….
Co-op and Condo Boards Under Pressure From All Sides (NY)
You seem to be of the opinion that the pressures facing co-op and condo boards – from both inside and outside the buildings – are greater than ever. I really believe they are. I think that the ever-changing regulatory landscape of New York City – from the Department of Buildings, the Department of Health, Con […]
Recent Changes to Co-op & Condo Laws: Managing the Impact on Your Community (NY)
This past June, the New York State Legislature and Governor enacted into law a sweeping overhaul of landlord-tenant relations throughout the State; just a few days later, these same powers enacted amendments to those amendments. While relatively few of the 74 pages of densely-written text directly affect cooperatives and condominiums, boards and managers should be […]
The Massive Challenges of a Massive, Self-Managed Condo (NY)
By the close of her first year on the board of managers of the sprawling 1,500-unit Leisure Village condo association in Ridge, Long Island, Carole Leonard had made some unsettling discoveries. The community manager had advised a contractor what to bid on a job. He had returned some building supplies and pocketed the cash. And […]
How Co-op and Condo Boards Can Prepare for the Next Disaster (NY)
Emergencies come in all shapes and sizes, and preparing for them seems daunting. It’s a big deal. The goal of emergency preparedness is to get a building back up and running as quickly as possible, to minimize any damage to the building, and ensure the safety and security of all the residents and building staff. […]
Maintaining Proper Records: Keeping a Digital Paper Trail (NY)
It is essential that a community association keep careful records of its financials, rules, and meeting minutes, just to name a few of the kinds of records boards and managers must stay on top of. Not solely because the law often requires it – although of course that’s important – but because an association that […]