After a routine facade inspection mandated by the Facade Inspection and Safety Program (FISP), the board at a condo on the Upper East Side budgeted $550,000 for repairs on the front of the building. But once work began, the board was hit with an unexpected and unwelcome surprise. As a result, what had been a […]
Co-op and Condo Boards Call to End “Crushing” Late Filing Fees for Local Law 97 Reports (NY)
With the May 1 filing deadline for Local Law 97 looming, a coalition of co-op and condo representatives is urging the city council to reduce or waive late filing fees. Representatives of over 300,000 co-op shareholders and condo owners have signed a letter asking that “crushing” late fees — calculated at $.50 per square foot […]
More on the Corporate Transparency Act: The Law of Unintended Consequences
In the labyrinth of our legal system, changes to a law can reverberate outward to impact areas not originally intended. Such is the possibility with recent changes—and changes to those changes—to the Corporate Transparency Act (CTA). Hal Coopersmith, a principal with NYC-based law firm Coopersmith and Coopersmith specializing in co-op and condominium law, explains the […]
Q&A: How to Recover Unpaid Dues From a Condo Sponsor (NY)
Q: At an eight-unit condo building in Brooklyn, the sponsor failed to pay the homeowners association dues for unsold units, as required under law, and he stopped responding to emails and calls after he transferred control of the building to the board. The dues are about $30,000, plus interest. Other than filing a lawsuit, and […]
Gramercy Square Condo Board Sues Sponsor for $75 Million (NY)
There are run-of-the-mill lawsuits over construction defects in condo buildings. And there is the the lawsuit unfolding at the four-tower Gramercy Square Condominiums. The condo board has filed a lawsuit accusing the condominium’s original developers, Clipper Equity’s David Bistricer and Chetrit Group’s Meyer Chetrit, of creating defective condo units, The Real Deal reports. The board […]
Trump’s Orders Upend Co-ops’ and Condos’ Green Transition (NY)
Many co-op and condo boards are beginning to grasp that the best way to reduce their buildings’ carbon emissions and bring them in compliance with Local Law 97 is to abandon fossil fuels and install electric-powered building systems. But that shift, predicated on the transition toward a green electric grid, has just hit a three-word […]
Fire fear prompts EV moratorium at high-end Spa City condo complex (NY)
Fears of an electric vehicle fire have sparked the homeowners association at a luxury condominium complex to place a moratorium on any new EVs parking in the building’s underground garage. Residents of the Park Place Condominiums voted in November to ban the vehicles from parking in their deeded spots out of concerns the vehicles’ high-voltage […]
Greenwich Village Co-op Facade Repairs Reveal Crumbling Cornice and Rusted Supports (NY)
It’s a reminder of the challenges faced by boards at landmarked buildings: a facade inspection at a 48-unit prewar co-op in Greenwich Village revealed rusted steel supports for the building’s terra cotta cornice, which was virtually balancing like a seesaw above Broadway. In addition, the eroding historic frieze of winged torches, decorative flowers and lion […]
What Happens When Condo Owners Don’t Pay Their Dues to the Building? (NY)
Q: We live in a condo building in Manhattan with fewer than 10 units. The last Local Law 11 inspection found that our facade needs significant repair and maintenance, which could cost $300,000 or more. The condo board has determined that an assessment will be charged to all owners to pay for the work. Obviously, […]
Co-ops Push for Permanent Exemption From Landlord-Tenant Laws (NY)
If at first you don’t succeed, try, try again. That’s the philosophy of New York City co-op advocates who have introduced legislation for the third time in an effort to forever immunize co-ops from future landlord-tenant laws. Read the article…………………………….
My Building Is Doing Unexplained Work. Can I Stop Paying Dues Until They Explain? (NJ)
Q: I live in a condominium in Passaic County, N.J., where the board recently authorized the replacement of all the balcony railings in our building. Was this a safety issue? A cosmetic fix? No one seems to know, and the board is not providing more information. The job was estimated to last three months, but […]
Fires Go Up At Condo Complex, Home On Same Night In Carmel (NY)
The first occurred at the Kings Grant Condominiums, where a cooking fire began in an appliance. Luckily, crews were able to contain the flames to the appliance and prevent further damage. Read the article…………………………….
NYC co-op and condo boards catch a break as Corporate Transparency Act faces legal limbo
There’s one less thing for New York City’s condo and co-op boards to do this year, at least for now: They don’t yet need to comply with a new federal law meant to target money laundering. The Corporate Transparency Act, which would require U.S. condo and co-op boards to disclose some information about building owners […]
Firefighters battle blaze at Greenburgh condo complex amid challenging conditions (NY)
Crews arrived to find flames shooting out of the roof, and the cold temperatures and strong winds are making it hard for firefighters to battle the blaze. Read the article…………………………….
Co-ops Are Losing Their Luster to Condos. Here’s Why. (NY)
As a New York City real estate professional for over 14 years, representing both buyers and sellers, I have seen a decided shift in the landscape over the past few years as condos have become increasingly more desirable than cooperatives. Read the article…………………………….
My Condo Sponsor Owes the Building $30,000. How Do We Make Him Pay? (NY)
Q: I own a condominium in an eight-unit building in Brooklyn. Our sponsor did not pay the homeowners association dues for unsold units, as required under law, and he stopped responding to emails and calls after he transferred control of the building to the board. The dues are about $30,000, plus interest. We are a […]
CTA – Stay, No Stay, Stay – What’s Next? (NY)
What a confusing government we have. The First Circuit Court of Appeals which lifted the nationwide stay on the Corporate Transparency Act, just undid what it just did a few days ago, putting the nationwide stay back into effect until the Court hears all the arguments. Oral argument is not scheduled till March 25, 2025. […]
3 firefighters injured while battling flames of condominium fire on Long Island (NY)
Three firefighters were injured while battling flames of a condominium fire on Long Island. Video shows heavy flames as the fire broke out on Vista Drive around 10:20 p.m. on Christmas Day. NewsCopter 7 was over the scene as firefighters returned after debris left from the fire rekindled on Thursday morning. Read the article…………………………….
Breaking: Court Lifts Stay on CTA – January 1, 2025 Deadline Looms for Community Association Boards and Management
The First Circuit Court of Appeals today lifted the stay on compliance with the Corporate Transparency Act (CTA), delivering a significant victory for the government. The court found that the government has a strong likelihood of success in defending the CTA’s constitutionality against pending challenges. Read the article…………………………….
City’s Co-ops and Condos Shiver in Face of Second Trump Term (NY)
As Donald Trump prepares to move back into the White House, New York’s co-op and condo residents are faced with the possibility of rising inflation and mortgage rates, higher construction and renovation costs and, on the up side, a reduction of property taxes. Read the article…………………………….
Legal battle escalates: Forest Hills homeowners group files injunction to stop stadium’s 2025 concert season (NY)
A Forest Hills homeowners group has filed a motion for a preliminary injunction against the operators of Forest Hills Stadium due to the “harms caused” by the yearly concert series at the stadium. Forest Hills Garden Corp (FHGC), a homeowners association whose members live by the venue, has filed a motion against West Side Tennis […]
US Government is Not Wasting Time re CTA Injunction
Last week, District Judge Amos L. Mazzant of the Eastern District of Texas issued a preliminary injunction ordering that the entire Corporate Transparency Act (CTA) is enjoined nationwide and that the US government in enjoined from enforcing the BOI Reporting Rule (the final rule implementing the CTA and providing definitions and guidance for the statute) […]
Should the Council Revisit Airbnb Restrictions? Rival City Hall Rallies Fight it Out. (NY)
Rival rallies over proposed relief of restrictions on Airbnb and other short-term rental platforms faced off at City Hall Park Monday, playing out a live debate in front of the home of the City Council that will ultimately have to pick a side. Read the article…………………………….
Senior Dies in Condo Fire in Tarrytown (NY)
Engine 80 Captain Patrick Derivan Jr. and Lieutenant Scotty Weaver forced entry to the unit and were met by a heavy volume of smoke and fire on the first floor. More resources were added to the scene to and proactive measures were taken to locate, isolate, and extinguish the fire prior to spreading to adjacent […]
US Government is Appealing Texas Court Injunction of the CTA
What a mess a Texas Federal Court and now FinCEN are making regarding the Corporate Transparency Act (CTA). Days ago, District Judge Amos L. Mazzant of the Eastern District of Texas issued a preliminary injunction ordering that the entire CTA is enjoined nationwide and that the US government in enjoined from enforcing the BOI Reporting […]
Court Blocks Corporate Transparency Act on Eve of Deadline
Just as co-op and condo boards were scrambling to meet the looming deadline to file reports required by the Corporate Transparency Act (CTA), a Texas court has issued a nationwide injunction against enforcement of the law, finding that the government was unable to provide “any tenable theory that the CTA falls within Congress’s power,” and […]
CTA Compliance After Texas Injunction: Is Your Community Association at Risk?
District Judge Amos L. Mazzant of the Eastern District of Texas issued a preliminary injunction on December 3rd that media and attorneys are talking about and property managers are puzzled as to what to do. Judge Mazzant ordered that the entire Corporate Transparency Act (CTA) is enjoined nationwide. The court also enjoined the government from […]
Forest Hills homeowners group threatens legal action against NYPD amid ongoing Forest Hills Stadium concert dispute
The operators of Forest Hills Stadium have accused the Forest Hills Gardens Corporation (FHGC), a neighboring homeowners association, of “sidestepping” the courts and trying to “bully” the NYPD. The accusation follows a letter from FHGC to the NYPD threatening legal action if police continue to issue permits for the stadium’s 2025 concert season. Read the […]
Co-op Board Installs Heat Pumps to Slash Emissions and Costs (NY)
In their drive to cut their buildings’ carbon emissions enough to satisfy New York City’s Local Law 97, many co-op and condo boards are installing electric heat pumps, efficient machines that can heat and cool a building without burning fossil fuels. As the electric grid gets greener in coming years, the thinking goes, carbon emissions […]
BHPOA Welcomes DOT, DEP, and Queens DA’s Office To Address Local Concerns (NY)
The Belle Harbor Property Owners Association (BHPOA) hosted its final meeting of the year at P.S. 114 on Tuesday, Nov. 19, welcoming representatives from three agencies to provide updates and address residents’ concerns. Before the agencies addressed the crowd, however, BHPOA Executive Vice President Ed Lynch acknowledged the peninsula’s veterans in honor of Veterans Day […]
There Are Limits to a Co-op Board’s Power Over Parking Spaces (NY)
Q: A shareholder in a Bronx co-op has lived in the building for 19 years and was awarded a coveted parking space 10 years ago. The co-op’s new management company recently distributed an 18-page lease agreement stating that the co-op can revoke a parking spot for any reason or no reason. Is this legal? Read […]
Chaut. Lake Property Owners Association Petition Brought Before Council (NY)
During Wednesday’s Chautauqua County Legislature meeting, Jim Wehrfritz of the Chautauqua Property Owners Association spoke about the alliance’s resolution opposing the new regulations and told legislators he hopes Gov. Kathy Hochul follows the recommendations of most elected officials in the region and delays implementation. Read the article…………………………….
Small Co-ops and Condos Must Now Place Garbage in Secure Bins (NY)
Those ubiquitous mountains of black garbage bags, a magnet for rats and a fixture of New York City streets for as long as anyone can remember, are about to become a lot more scarce. Beginning today, Nov. 12, all residential garbage from buildings with nine or fewer units — including co-ops and condos — must […]
Contractor ruptures natural gas line; condos evacuated in Poughkeepsie (NY)
A contractor doing excavation work in the Fox Hill I condominium complex ruptured a Central Hudson natural gas line, causing the residents to be evacuated by first responders on Tuesday just after noon. The City of Poughkeepsie police and fire departments responded to the emergency to assist in evacuating the residents while waiting for Central […]
Queens Neighborhood Attempts to Shut Down Forest Hills Concert Series Read More: Lawsuit Update Regarding Popular New York Concert Venue (NY)
A legal battle surrounding open-air concerts held at the Queens-based Forest Hills Stadium seem to stem from the local community’s homeowner’s association. According to several news outlets, as well as billboard, a 2023 lawsuit filed by the Forest Hills Gardens Corporation (FHGC) against the stadium’s ownership, The West Side Tennis Club, sought to ‘shut down […]
Court Deals Blow to Community Associations’ Attempt to Block Corporate Transparency Act
In a recent case, the Community Associations Institute (CAI) and several community associations sought a preliminary injunction against the enforcement of the Corporate Transparency Act (CTA). The CAI argued that requiring their members to disclose “beneficial owners” to the Treasury Department was unlawful, violated the Administrative Procedure Act, exceeded Congress’s authority, and violated the First […]
Judge Dismisses Five of Seven Claims Against Forest Hills Stadium in 2023 Homeowners Association Suit (NY)
On Oct. 21, Justice Joseph J. Esposito dismissed five of seven causes that the Forest Hills Gardens Corporation (FHGC) alleged in a 2023 lawsuit filed against the The West Side Tennis Club, which owns the stadium, in New York Supreme Court – Queens County. The lawsuit seeks to shut down the summer concert program at […]
NEW AUDIT: NYC Comptroller Lander Finds DOF Improperly Granted $6.5+ Million in Co-op/Condo Tax Abatements Since 2019 (NY)
In a new audit, New York City Comptroller Brad Lander found that the Department of Finance (DOF) improperly granted Co-op/Condo Tax Abatements to 720 units between Fiscal Years (FY) 2019–2024, costing the City at least $6,465,892 in lost tax revenue. Read the article…………………………….
Residents upset over alleged plans to exterminate geese at Fishkill condo complex (NY)
Residents at a condo complex in Fishkill say they are upset about apparent plans by their board to remove and kill about two dozen geese. The group alleges that board members who oversee the Park Condominiums complex on Loudon Drive consider them a nuisance around their pond and are seeking a U.S. Fish and Wildlife […]
1 Million Properties in Tristate Area Face High Risk of Flooding (NY)
With horrific scenes of Hurricane Helene-induced flooding in the Southeast still dominating the news cycle, the Federal Reserve Bank of New York has released a harrowing statistic: nearly 1 million houses and multifamily buildings in the tristate New York, New Jersey and Connecticut area — one in 10 properties — are at high risk of […]
Hard Market Causing Delays in Co-op and Condo Insurance Renewals (NY)
There’s a huge question on the minds of co-op and condo boards and their property managers these days: Why are our insurance proposals and renewal information being delayed, sometimes until the day of expiration? Read the article…………………………….
What’s happening with the Newport condos on Irondequoit Bay? (NY)
A row of partially finished condos have been sitting empty on Irondequoit Bay for years. What will happen with these condos? The project, which sits on the former site of the historic Newport House directly on the water, has been on pause and many have noticed. In the 1800s, the Newport House was the first […]
Insurers Seek $1M From Dealership Over Auto Fire (NY)
Insurers representing a homeowners association and two residents have filed a lawsuit in New York federal court, demanding that Honda and a local dealership cover over $1 million in damages resulting from a 2021 vehicle fire. The insurers, Country Mutual Insurance Co. and two Allstate units, allege that American Honda Motor Co. Inc. and Middletown […]
Galleria Condo Board Sues Magician David Copperfield for $2.5 Million (NY)
Disputes between co-op and condo boards and their buildings’ residents can be civil. They can be toxic. And sometimes, as the current dispute at the Galleria luxury condo attests, they can go all the way to thermonuclear. Read the article…………………………….
Rutherford Co-op to Pay $165,000 for Violating Fair Housing Act (NY)
How much are a couple of parrots worth? If they’re support animals for a person with a disability, as the shocked residents of the Rutherford co-op near Gramercy Park just learned, they’re worth $165,000 in damages plus $585,000 for the shares of the disabled person’s apartment. Read the article…………………………….
City Pushes Back Against Bid to Water Down Fines for Local Law 97 (NY)
Terrified by the potential costs of complying with Local Law 97, which requires owners to reduce their buildings’ carbon emissions or face stiff fines, co-op and condo boards in the outer boroughs aired their fears to elected officials. They got a warm reception from City Councilmember Linda Lee (D-Queens). Read the article…………………………….
Resort developers pitch sharing use and costs of condo complex’s sewage treatment plant (NY)
Homeowners in the Willow Ponds condo complex on Sound Avenue are considering allowing the prospective developer of a resort hotel on adjacent Soundfront property to hook up to their sewage treatment plant in exchange for a cash payment and shared costs going forward. Read the article…………………………….
Magician David Copperfield sued by NYC condo board for trashing, neglecting $7M Manhattan penthouse
Famed magician David Copperfield is a negligent neighbor who left his ritzy Midtown penthouse in shambles — and the mess is so ridiculously bad that it threatens the building’s structural integrity, his condo board claims in a new $2.5 million lawsuit. Read the article…………………………….
Planning board: We don’t enforce homeowners’ bylaws (NY)
The Town of Highland Planning Board said it will not enforce regulations on behalf of homeowners associations. During a July 24 public hearing on a short-term rental in the Pyne Ayre subdivision, residents said the proposed rental did not comply with the bylaws of their homeowners association (HOA). Read the article…………………………….
Bronx Co-op Board Accused of Mismanagement by Shareholders (NY)
A epic battle between shareholders and their co-op board is unfolding in the Bronx, and it holds lessons for every resident of every co-op in the city. On one side is a group of disgruntled shareholders at the 273-unit Park Reservoir co-op, a Mitchell-Lama that’s managed by Amalgamated Housing, the nation’s oldest and largest limited-equity […]