Blog
NEW LAW PASSED CONCERNING ELECTRONIC VEHICLE CHARGING STATIONS
There is a growing trend of new legislation that encourages the use of environmentally friendly energy sources.
In light of this trend as well as the increase of electric vehicles on the roads, the New York State legislature recently passed a new provision to the New York Condominium Act, (Real Property Law §339-ll) that restricts condominium Boards from prohibiting or unreasonably restricting unit owners’ installation or use of an electric vehicle charging station (“EVCS”) within the community.
Continue reading “NEW LAW PASSED CONCERNING ELECTRONIC VEHICLE CHARGING STATIONS”
NEW — CAI-LONG ISLAND DISPUTE RESOLUTION PROGRAM
The Board of Directors of the Long Island Chapter of Community Associations Institute (CAI) is excited to offer a new service to its members: mediation services to help resolve disputes in community associations.
This service is available to help resolve disputes between two homeowners within a community, a Board and a homeowner, or a Board and a vendor. This program will begin in November 2019.
Continue reading “NEW — CAI-LONG ISLAND DISPUTE RESOLUTION PROGRAM”
CHANGES TO LANDLORD-TENANT LAW
On June 14, 2019, Governor Cuomo signed The Housing Stability and Tenant Protection Act of 2019, which consists of several amendments to the state’s landlord-tenant law that are aimed at strengthening protections for tenants.
Continue reading “CHANGES TO LANDLORD-TENANT LAW”
GOING DUTCH
In historian Russell Shorto’s book, Amsterdam: A History of the World’s Most Liberal City, he discusses the unique circumstances which resulted in Amsterdam contributing so much to modern society.
He often mentions the Dutch concept of gedogen as being an integral aspect of the liberalism that has flourished in that corner of the world. Gedogenis defined as a form of tolerance in which something that is technically illegal is tolerated for the benefit of the community as a whole. Continue reading “GOING DUTCH”
TO FILE, OR NOT TO FILE? FOR AN HOA BOARD, THAT MAY NO LONGER BE THE QUESTION
Life used to be fairly simple. In the old days, when a Long Island Homeowners Association (HOA) amended its Declaration or By-Laws, the common practice was for the Board to file a Certificate of Amendment with the County Clerk.
First of all, when an amendment is filed with that office, all owners and subsequent owners of homes in the community will legally be on notice that such amended rules exist and apply to them. Filing amendments with the County Clerk’s Office is also a good way to make sure those documents can be easily located by future generations of board members and homeowners. Finally, the Declaration of most HOAs requires that amendments be recorded in order to be effective.
Continue reading “TO FILE, OR NOT TO FILE? FOR AN HOA BOARD, THAT MAY NO LONGER BE THE QUESTION”
New York Smoke Detector Law
On April 1, 2019, a new law went into effect in New York State changing the type of smoke detectors that will be permitted for sale in the State.
Section 399-ccc of the General Business Law prohibits the sale of smoke detectors that are powered solely by a replaceable, removable battery. All new smoke detectors sold in New York will be required either to be hardwired to the home or powered by a non-removable, non-replaceable battery that powers the device for at least ten years.
Continue reading “New York Smoke Detector Law”
ANNUAL MEETINGS AND ELECTIONS
Now that Spring is here, many community associations will start planning for their annual meeting.
Annual meetings are for more than providing information to the Community. They are also for electing Board Members who will be responsible for making the day to day decisions necessary to keep the finances and property in good order.
A well planned annual meeting and election is the key to finding good candidates and having a smooth transition and term for those elected. One way to begin the process of finding persons interested in running is to form a nominating committee. A nominating committee will seek candidates by canvassing the community, either in person or in writing, and assist the board in preparing the election materials prior to the annual meeting.
Continue reading “ANNUAL MEETINGS AND ELECTIONS”
AVOIDING “US v. THEM” – Part II – Transparency
We are often contacted by condominium, co-op and homeowners association boards when a homeowner or shareholder has requested copies of community documents such as financial records, contracts, homeowner contact information, etc.
The boards’ initial inclination, and direction to our office is often to do everything to prevent or limit such access. The homeowner may be a perpetual thorn in the side of the board – looking to criticize the board at every opportunity – and the instinctual approach is to “circle the wagons” and give the person as little ammunition as possible.
Continue reading “AVOIDING “US v. THEM” – Part II – Transparency”
Buying a Condominium
What misconceptions do people have about condos?
Many do not understand what a condo is, what is actually owned, and what it means to live in a community association. In essence, a condominium is a form of ownership whereby a person owns the entire condo unit (much like an apartment), but shares ownership of the rest of the building(s) and other property of the condo (e.g., roads, sidewalks, parks, clubhouse, pool, etc.) in common with the other owners. The owners elect a Board of Managers to handle the community’s finances, make repairs, enforce rules, oversee construction projects, etc.
