Summer’s almost here, and co-op and condo boards are about to get reminded that there’s nothing simple about a simple summer barbecue. In regulating or banning barbecuing, boards need to consider the Fire Department of New York’s (FDNY) stringent regulations, inconvenience to neighbors from smoke and noise and smells, as well as insurance and legal […]
The Ups & Downs Of Elevators (NY)
When Gladys pressed the “9” button on the elevator panel, she heard a noise that could most generously be described as sounding like a train slamming into a wall. For most New Yorkers, this is a subconscious everyday fear, as each day involves multiple elevator rides. Although there’s nothing as annoying as being stuck in […]
Hygiene in Shared Amenities: Keeping It Clean
One of the biggest perks of modern multifamily living is the all-inclusive, amenity-rich building or HOA. Depending on your own building’s offerings, you can go to the gym, swim, have a spa treatment, entertain your kids in the community playroom, or even take in a movie. When you add in food delivery services, work-from-home arrangements […]
Co-op Board Bitten After Denying Request for a Service Dog (NY)
Enforcing a no-animals policy, it turns out, is no simple matter. In recent years, a growing number of co-op shareholders and condo unit-owners have asserted their right to have a service or support animal in their apartment as an accommodation for a physical and/or mental disability – even in buildings that prohibit animals. When the […]
Capital Reserve Funds – How Much Do You Really Need?
As community members, co-op and condo owners work together to maintain the greater structure in which they live – not just their individual units. Major systems – things like boilers, roofs, and facades – are expensive to maintain and repair, but each has a standard useful life. Thus, boards and managers should be diligent to […]
Watch Your Step Crossing the Fannie and Freddie Lending Minefield
In an earlier article, we explained that when deciding whether to lend money to potential buyers or to unit-owners who want to refinance their mortgage in a condominium, lenders follow guidelines issued by federally backed Fannie Mae and Freddie Mac. These guidelines can seem like a minefield. While some of the guidelines present unavoidable pitfalls […]
Condo and Co-Op Conversion: Not Out of Time, Not Out of Luck (NY)
Many cooperatives and condominiums have overlooked, for decades, potent statutory rights enabling them to recapture building amenities currently under long-term, unfavorable leases with their developers. Because those rights were first promulgated during the 1980s’ cooperative and condominium conversion boom, they are often discounted as stale or forgotten altogether. But recent litigation may offer new hope […]
Capital Reserve Funds – How Much Do You Really Need?
As community members, co-op and condo owners work together to maintain the greater structure in which they live – not just their individual units. Major systems – things like boilers, roofs, and facades – are expensive to maintain and repair, but each has a standard useful life. Thus, boards and managers should be diligent to […]
Geothermal Heating and Cooling: Is It an Option for Your Association?
Community associations are increasingly looking toward environmentally-friendly options to heat, cool and power their properties in order to reduce their carbon footprint and save money. Wind turbines, solar panels, combined heating and power (CHP), and various other energy alternatives all provide varying degrees of efficiency and savings, while simultaneously ranging in availability and viability depending […]
Hiring a New Super: Finding the Best Fit for Your Community
When everyday problems arise in a multifamily building or community association, residents frequently turn to their friendly neighborhood jack-of-all-trades: the superintendent (Depending on where you live, you might call him or her your building engineer, maintenance manager, or building operations manager. But for the purposes of this article, we’ll stick with ‘super,’ for the sake […]
Access to Documents: Understanding Residents’ Access to Information (NY)
Living in a co-op, condo or community association can simplify a lot: maintenance issues that keep single-family homeowners up at night aren’t a concern for condo dwellers, and there may even be a door person or concierge to sign for packages and keep an eye on who’s coming and going from the property. But multifamily […]
Managing Mental Health Issues: Addressing Residents With Sensitivity (NY)
Running a community association requires boards and managers to work with people from all walks of life, including those who have unique experiences, wants, needs, and challenges. That may also apply to people with behavioral or mental health issues. In some cases, a resident may be quite open with neighbors and others about a diagnosis […]
Three Tips for Surviving an Elevator Shutdown
Elevator shutdowns are becoming more common as co-op and condo boards scramble to install mandatory door-lock monitors by January 1, 2020. The required work is leading many boards to replace aging elevators while they’re shut down for the door-lock installation, in the hope of saving money in the long run. Some of those boards go […]
Do Co-op and Condo Boards Have to Reveal Their Plans? (NY)
What is a board’s responsibility to advise a condominium unit-owner about planned work in the building, particularly if that work will have an impact on the unit-owner? That issue was considered in 345 East 50th Street LLC vs. The Board of Managers of M at Beekman Condominium. Read the article…………………..
Can Someone Without a Garage Own An Electric Vehicle? (NY)
The popularity of electric vehicles is at a record high with nearly every automaker already offering an all-electric model or designing one. If you’re ready to find out what the buzz is about and are looking into buying an electric vehicle, there has never been a better time as far as the vehicle quality and […]
An Elevator Overhaul Is Both Headache and Opportunity (NY)
Two major elevator upgrades have been mandated by New York City. Elevators must have door-lock monitoring by January 1, 2020 and an extra emergency brake by January 1, 2027. Now is the time for co-op and condo boards to assess the condition of their elevator(s). If an elevator’s age and condition mean a full overhaul […]
The Armor of the Business Judgment Rule Can Be Pierced (NY)
Under most proprietary leases and applicable law, cooperative boards are free to disapprove an application to purchase a unit for any reason or no reason – so long as the board does not act for an unlawful reason, such as discrimination against one of the city’s numerous “protected” classes. Therefore, lawsuits challenging a board’s rejection […]
Time to Call It Quits? When Management Breaks Up With a Client Community
In a New York TImes “Ask Real Estate” letter from last December, a co-op shareholder lamented the sorry state of her 10-unit building: the board president was abdicating his position with no willing successor, and the managing agent was opting not to renew their contract, leaving the co-op adrift as far as leadership was concerned. […]
The Best Defense Against a Charge of Defamation (NY)
In these contentious times, politics at all levels – even at the level of co-op and condo board elections – tend to get ugly. Charges and counter-charges circulate with lightning speed. One recent condo board election led to a lawsuit over the truth of charges emailed by one of the candidates. The case turned on […]
Mediation Is One Way to Avoid Litigation (NY)
Here are answers to some basic questions about resolving co-op and condo disputes through mediation. What is mediation? It’s an informal, voluntary approach to settling disputes in which a neutral third party – usually a professional mediator or an attorney – assists the disagreeing parties in resolving conflicts. Mediation can alleviate friction between neighbors, between […]
Managing Board Conflict: How to Maintain Harmony
In a community association, it falls on the board to put out any fires that ignite among the property’s residents. But what happens when that blaze springs up between the board members themselves? Those who volunteer to serve on their community association or co-op board are likely to bring strong convictions – and personalities – […]
Co-op Boards Are Not Quality-Control Watchdogs (NY)
Wade and Vanessa Johnson thought they were getting a “triple mint” luxury unit when they bought a gut-renovated apartment from the sponsor of a cooperative conversion at 1150 Fifth Avenue. But after the closing, the Johnsons learned that there were numerous conditions in the apartment that were not up to code – or actually dangerous […]
Managing Board Conflict: How to Maintain Harmony
In a community association, it falls on the board to put out any fires that ignite among the property’s residents. But what happens when that blaze springs up between the board members themselves? Read the article…………………
Self-Management Strategies: Smart Business for Busy Boards
One of the most important factors in the decision to purchase a condominium or co-op is lifestyle. Many who live in residential communities, particularly those in single-family HOAs, choose community living over a single-family home for the convenience of what they don’t have to do: no snow shoveling, no grass mowing, and no cleaning the […]
Mediation Can Resolve Disputes Without Litigation (NY)
We live in contentious times, including those of us who live in co-ops and condominiums. “People are becoming less tolerant of one another, and there are more disagreements than ever,” says Claudine Gruen, vice president and director of operations at Garthchester Realty. When disputes prove intractable, there’s a tried-and-true remedy available to co-op and condo […]
How Is Maintenance Calculated? Let Us Count the Ways (NY)
New Yorkers paid an average of $1.73 per square foot in co-op maintenance in the fourth quarter of 2018, according to real estate appraisal firm Miller Samuel. So for an 800-square-foot apartment, the monthly maintenance bill was $1,384. But that number can fluctuate wildly, even within a co-op. Here, according to Brick Underground, are the […]
When a Renter Is a Hoarder, What’s a Co-op To Do? (NY)
The tenant in a rent-stabilized apartment in a co-op has turned into a hoarder. Neighboring apartments are being infested with mice and roaches. What should the affected shareholders and the co-op board do? Read the article……………………….
Tools to Help Co-ops and Condos Comply With City Regs (NY)
Complying with New York City’s rules and regulations has always been a big part of a property manager’s job. But now, as regulations proliferate at a dizzying rate, many property management companies have staffs dedicated to compliance, and those staffs frequently rely on computer software and the backing of compliance companies. The added cost, according […]
Job One for New Condo Boards: Get a Building Physical (NY)
New York City is bristling with shiny new condominium towers. As fledgling condo boards are discovering at an alarming rate, those towers are often bristling with construction defects. In many cases, the defects are so serious that the buildings fail to pass their first mandated facade inspection, formerly known as Local Law 11, now the […]
Managing the Headache of Compliance (NY)
The daily to-do lists for property managers in New York never seem to get any shorter. Overseeing capital projects, supervising staff, seeing to repairs, responding to shareholders, communicating with vendors… The list goes on. Read the article………………
Failure to Comply With Cooling Tower Regs Lands a Co-op in Court (NY)
Members of co-op and condo boards never tire of complaining about unfunded mandates imposed by the city government. One of the most unloved is Local Law 77, which was passed in response to a deadly outbreak of Legionnaires’ disease in the Bronx in 2015. It imposed some of the nation’s toughest standards on the maintenance […]
Coop and Condo Right to Seek Legal Fee Reimbursement may have new life (NY)
As we previously reported, the New York Appellate Court that oversees the Manhattan and the Bronx Supreme Courts issued a unanimous decision at the beginning of November, 2018, which may significantly impact the right of cooperatives, and likely condominiums, that try to seek the reimbursement of legal fees from defaulting shareholders or owners. In Krodel […]
It’s Crunch Time for Elevators (NY)
The crunch has arrived. The co-op boards at a couple of seven-story, one-elevator buildings – one in Greenwich Village, the other in Woodside, Queens – have made major decisions on elevator upgrades that many of their colleagues across the city will soon have to face. Read the article………………..
Ban on Pets in the Laundry Room Could Boomerang (NY)
A co-op board has updated its pet policy, specifying approved entrances and exits and forbidding pets from lingering in common areas, including lobbies and laundry rooms. The rule applies to service dogs and emotional support animals, and it carries a $225 fine for every violation. Can a co-op board do this? Read the article…………………..
New Condo Boards Need to Pick Their Battles (NY)
The market for them might be softening, but new condominium towers keep opening in New York City. And every time a new one opens, the buyers of apartments are faced with a challenge few of them have ever faced before: forming and running a successful condo board. Read the article…………………….
The Co-op Board President Who Misses Nothing (NY)
She was born Lillian Chin, the daughter of Chinese immigrants, and she grew up on the West Side of Manhattan when the neighborhood still had rough edges. Her father toiled long hours in restaurants and her mother was a garment worker in Chinatown, and Chin and her four siblings grew up conversant with what it […]
Federal Court Enjoins NYC Law Aimed at Airbnb, Homeaway Short Term Renting
In a 52-page decision, District Judge Paul A. Engelmayer of the Southern District of New York put a kibosh on New York City’s short-term rental regulation that was set to go into effect on February 2, 2019. NYC has been trying to figure out an efficient way to enforce its short-term rental restrictions and this […]
Coop and Condo Right to Seek Legal Fee Reimbursement at Risk (NY)
The New York Appellate Court that oversees the Manhattan and the Bronx Supreme Courts issued a unanimous decision at the beginning of November, 2018, which will significantly impact the right of cooperatives, and likely condominiums, that try to seek the reimbursement of legal fees from defaulting shareholders or owners. In Krodel v. Amalgamated Dwellings, the […]
Non-Resident Board Members: Managing Absentee Decision Makers (NY)
An individual’s interest in their community association is rarely solely financial. In most cases, a building or HOA is also that individual’s home. And as such, they’re motivated to contribute positively to its quality of life, neighborhood congeniality, and aesthetics – just to name a few factors that make a place somewhere people love to […]
Welcome Aboard: Acclimating New Association Staff Members (NY)
Little in life is more nerve wracking than that first day on a new job: ‘Are you prepared to do this?’ ‘Are you even qualified to do this?’ ‘Is your shirt buttoned correctly?’ ‘It is, right?’ ‘Why does it look wrong?’ ‘Should you change your shirt?’ All of these questions and more – along with […]
Addressing Management Problems: Communication, Mediation, Cooperation (NY)
Most of the time, when a problem arises in a multifamily building or community association, the go-to solution is to get management on the phone (or text, or email). The refrain usually goes something like: “Management will take care of it!” “They’ve seen this a million times!” “What can’t they handle?!” Read the article………………….
Running Small Associations: Unique Communities, Unique Needs (NY)
Condominium associations come in all sizes and shapes. They can contain hundreds of units, or as few as two. While many of the issues faced by associations are universal regardless of size, small condominium associations do face some unique challenges that set them apart from their larger cousins. Those challenges touch all aspects of life […]
Amending Rules: Updating Bylaws and House Rules to Fit Your Community (NY)
Co-op, condo and HOA boards are tasked with a great many responsibilities – including determining and promoting both the day-to-day and longer-term interests of their residents. That’s a tall order, and it’s largely achieved through the implementation of rules and regulations designed to serve those interests while prohibiting activity that could be detrimental to the […]
New Condo Boards Need to Address Building Flaws Quickly
One of the most common challenges for fledgling condo boards in newly constructed buildings is dealing with the structure’s physical flaws, from cracks in the foundation to leaky windows and roofs, and worse. When seeking relief from the sponsor, time is of the essence because courts have held that the statute of limitations for a […]
NYC Issues Violations to Condos and Coops because of Illegal Short Term Rentals
Here are 3 violations issued by NYC to the Farragut Gardens Condominium at 538 East 86th Street in Brooklyn, because of short term rental violations. In that condo, just 1 unit was short term renting. The NYC Office of Special Enforcement is issuing violations to condominiums and cooperatives because of short term rentals. Indeed, NYC […]
The Drones Are Coming!
In addition to rappellers on ropes and bucket trucks on telescoping arms, there’s a third alternative to conventional scaffold drops when performing a mandatory building facade inspections: drones. Read the article………………….
Board Members must Watch their Treasurers (NY)
We’ve seen it time and time again. Association treasurer steals from organization. It happened again in Ohio where a condo treasurer made 48 withdrawals from the association’s account into his personal account from 2016 to 2017. It was not until this year that the board members realized what was going on. Here’s more. Read the […]
Boards Sometimes Need a Do Over (NY)
New York Courts sometimes take hard positions on lawyers which can significantly impact their condo, coop and other board clients. Clients sometimes need a “do over” and if they wait too long, they may be trapped in the attorney-client relationship with fees spiraling out of control. Seeking independent advice early on can give boards the […]
Associations have to Assert Affirmative Defenses or They’ll be Waived (NY)
It is critical that defense counsel review all affirmative defenses with their clients to assure there aren’t any affirmative defenses available. If you don’t raise the affirmative defense in the first responsive pleading (i.e., the answer to the complaint or motion to dismiss the complaint) then the affirmative defense will be waived as a matter […]
Buildings’ Lack of Knowledge of Wrongful Short Term Renting — No Defense to Steep NYC Fines
New York City coops, condos and other community associations must take action to ensure they are in compliance with short term rental rules. If not, it will be difficult to defend against the thousands of dollars in fines that NYC is imposing for violations. And, lack of knowledge of the illegal short term renting, is […]