NEWS ALERT: Deadline for Required Notice to Tenants is June 17, 2022
Many of you might recall that in March 2021, a new State law was enacted requiring landlords to provide notice to tenants of their rights to request reasonable modifications and accommodations pursuant to the State’s Human Rights Law. You might also recall that this...
Short Term Rental Restrictions: The Power of Your Declaration and By-Laws
As summer approaches, Boards may see a rise in short-term rentals in their communities For those communities whose Declaration or By-Laws restrict leasing to some degree, the question becomes whether the Board can and should enforce these restrictive provisions. One...
A RIGHT TO PRIVACY FALLS BY THE WAYSIDE
A co-op shareholder makes a request A co-op shareholder, seeking to run for a position on the Board of Directors, requests the Board and its managing agent a list of the names and addresses of the corporation’s shareholders. His stated purpose for the list is to...
WHAT COMMUNITY ASSOCIATION BOARDS CAN LEARN FROM THE PASSOVER HAGGADAH
A thousand-year-old story finds new relevance when applied to a modern-day community Recently, Jews around the world celebrated the holiday of Passover with what is known as a “seder” – a ritual feast. A central activity of the seder (besides the festive meal) is the...
Tackling Mental Health Issues in Community Associations
CAI’s annual Community Association Law Seminar was held in February 2022 in Palm Springs California The Law Seminar is an opportunity for community association attorneys across the country to meet and attend seminars in trending areas of community association law....
PREPARING FOR THE IMPACT OF NEW FANNIE MAE AND FREDDIE MAC REGULATIONS
The tragic collapse of the Champlain South Tower in Surfside, Florida has led to a series of new requirements that impact all Fannie Mae and Freddie Mac loans for the purchase of units in community associations that have five or more attached units Citing concerns...
VIRTUAL ANNUAL MEETINGS
Virtual annual meetings are now a permanent fixture in NY. During the Covid-19 pandemic, Community Boards for, Co-ops and Homeowners’ Associations relied heavily on virtual platforms to stay connected, informed and conduct their business. Now, Governor Hochul has...
WHEN IS INSURANCE…NOT INSURANCE?
A co-op apartment corporation Board was sued for alleged failure to properly hire and supervise a contractor, which led to damage to an owner’s apartment. A homeowners association Board was sued due to an alleged delay in repairing a building after a fire, resulting...
STILL HAVEN’T HELD YOUR ELECTIONS? CONSIDER THE RISKS OF CONTINUED DEFERMENT
For many Boards, the Covid-19 pandemic has thrown a monkey wrench into governance efforts, particularly with holding annual meetings and elections. In New York, amendments to the Business Corporation Law and the Not-for-Profit Corporation Law temporarily allowing...
GOING SOLAR- SOLAR RIGHTS
The New York State Legislature recently passed a bill prohibiting Homeowners Associations (“HOA”) from unreasonably restricting the installation or use of solar power systems. A “solar power system” is defined as solar panels on a rooftop. The new law becomes...
GOVERNING DOCUMENTS: ONE BOARD’S ROADMAP FOR DOG REMOVAL DEMANDS, FINES, AND ATTORNEY’S FEES
Recently, an appeals court upheld a Board’s demand for the removal of residents’ dogs… but held that repeated fines for failure to remove the dogs were not proper – all pursuant to the Condominium’s by-laws. In Board of Mgrs. of Fishkill Woods Condominium v Gottlieb,...
STATE LAW v. BY-LAW
As a general rule, federal, New York State and local laws are applicable to community associations and any such statutes usually have priority over the governing documents of individual community associations when the law is in conflict with those documents. The...
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