When it comes to buying homes in New York State, purchasers tend to hear the terms “buyer beware” or “caveat emptor”. Under New York State law, a seller of residential real property either has to answer a forty-eight-question disclosure or they could “opt out” of providing the disclosure and give the purchaser a $500 credit at closing – until March 20, 2024, that is.
Continue reading “Amendments to New York’s Property Condition Disclosure Act Creates a Severe Burden on Sellers”
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Recent Court Ruling Allows Landlords to Use Same Predicate Notice in Subsequent Proceedings
Courts have, until recently, applied a bright line rule that a predicate notice is no longer valid once a holdover proceeding ends, and may not be used again in a subsequent proceeding. Landlords were often forced to re-serve 30, 60 or even 90 day notices.
Spring Clean Up: Are Your Community’s Amenities Risk-Ready for the Season?
Pool openings. Tee times. Court reservations. Dock moorings. Playground use. These are just some of the recreational activities offered by community associations, especially on Long Island. Continue reading “Spring Clean Up: Are Your Community’s Amenities Risk-Ready for the Season?”
Community Associations and Direct Employees: Are You Compliant?
Employment Law compliance is a top priority of federal, state and local governments seeking to protect the rights of employees. Community Associations that have direct employees are obligated to ensure that — just like any other employer — they are in compliance with these laws. Continue reading “Community Associations and Direct Employees: Are You Compliant?”
Can’t We Simply Update the Rules?
Change to Rules and Regulations won’t do. The Court makes it clear: Changing the permitted use of a home must be effectuated by amending the Declaration and/or By-Laws
HURRY UP – YOU MOVE TOO SLOW!
By Edward M. Taylor, Esq.
Picture this: A condominium building experiences water leaks from a rooftop and drainage system in need of repair.
The Board of Managers takes steps to address the issue by hiring a contractor and commencing repairs, but the Board runs out of funding for the project prior to completion and the work is halted midstream. The Board then struggles with the best way to gather sufficient funds and the project languishes. In the meantime, unit owners continue to suffer from water leaks in their apartments.
Associate Attorneys Present Case Update and Anecdotes to Suffolk County Bar Association
Recently, Taylor, Eldridge & Endres Associate Attorneys, Melissa Schlactus and Beth Gazes, spoke to members and colleagues of the Suffolk County Bar Association.
Recently, Taylor, Eldridge & Endres Associate Attorneys, Melissa Schlactus and Beth Gazes, spoke to members and colleagues of the Suffolk County Bar Association presenting recent case law and anecdotes about neighbor-against-neighbor disputes, an issue that most association Boards and landlords face from time to time (or perhaps – unfortunately – frequently). The purpose of the lecture was to discuss whether and how the Board or landlord should respond or intervene in neighbors’ disputes.
Court Orders Mechanic’s Lien Invalid, Extinguished
The Litigation Team of Taylor, Eldridge & Endres Scores Big Victory for Real Estate Developer in the Face of an Invalid Mechanic’s Lien
A mechanic’s lien can easily be filed against real property without any proof that the contractor did any work or that any money is still owed — or ever owed, for that matter.
Continue reading “Court Orders Mechanic’s Lien Invalid, Extinguished”
New article published in Touro Law Review: Modification Requests in Community Associations: Do We Know What’s Reasonable?
An article by Beth Gazes, one of our firm’s Associate Attorneys, was recently published in the Touro Law Review. Entitled, “Modification Requests in Community Associations: Do We Know What’s Reasonable?” the article, among other things, addresses the application of the modification requirement to condominium and homeowners associations; explores some relevant case law; and examines the reasonableness standard. Read the full article by going here.
