Taylor, Eldridge & Endres PC | Blog | Long Island Co-Op Lawyers

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.
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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.

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Private Mortgage Insurance (“PMI”) FAQ’s

What is PMI?

PMI is a type of mortgage insurance policy that provides compensation by the insurance company to the Lender in the event a borrower defaults on the mortgage. PMI does not protect the borrower from having to pay the mortgage if they are unable to do so. It is an insurance policy only for the Lender and has no benefit to the borrower other than to allow a borrower who would not normally qualify for a mortgage to be approved for a mortgage. Typically, PMI is a monthly amount paid by the borrower with the mortgage payment or a one-time payment made by the borrower at closing. Sometimes, the bank will pay for the one-time payment option, but this is not common.
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Paws for Thought

Community association Board members may squawk at the idea of allowing pets in their no-pet community, or at making communities more pet-friendly, but instituting such changes should not necessarily be a concern.

Rather, Boards may want to consider implementing changes to their pet policies to accommodate the growing population of pet owners. In keeping with this trend, many community associations are creating amenities for pets, as well as imposing reasonable and workable restrictions on pets and their owners.
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AVOIDING “US v. THEM” PART I – INCLUSION

Too often, hardworking community association Boards find themselves at odds with their homeowners.

Conscientious Board members, who are volunteering their time, talents and energy to better the community, wonder why their efforts are unappreciated and why they are constantly under attack. The tendency is to “circle the wagons,” which only serves to perpetuate and exacerbate the feelings of animosity between board members and the constituents they are trying to serve.
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Grandfathered … or not?

A Westchester County cooperative apartment corporation decided to prohibit washing machines in apartments by creating a new House Rule.

The basis for the new rule was a finding by the Board that the plumbing system in the building was “not sufficiently robust” to handle washing machines. The co-op’s Board of Directors, however, took no steps to demand that shareholders remove any existing washing machines from their units. Implicitly, the Board appeared to have granted these shareholders some form of “grandfather” status.
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CLOTHESLINES and other new technologies

Most Long Island community associations have a House Rule that prohibits homeowners from hanging their laundry outside to dry on a clothesline.

Most Board Members in these communities would be dismayed to learn that, in community associations in other parts of the country, such rules are being eliminated — either by popular demand or legislation.
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Community Associations in the News

You may have read recently about the homeowners association in Las Vegas in which a teenage resident was severely injured in a playground accident (see the July/August 2018 issue of CAI’s Common Ground Magazine, pages 20-25).

The jury rendered a $20 million verdict for the plaintiff, which overwhelmed the HOA’s liability insurance policy limit of $2 million.

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Board Member E-mails

While e-mail has become one of the most common and preferred means of communication, it may not always be the wisest or safest method for board members of community associations. At the very least, certain precautions need to be taken.

First and foremost, boards should not be making decisions and taking votes by e-mail. Decisions need to be made at a board meeting. A decision made by e-mail, if challenged, will likely not be upheld in a court of law. The only instance when an e-mail vote might have some validity would be in an emergency situation, where an issue arises that could not have been anticipated and requires immediate attention. Any such decision should be confirmed in the minutes of the next board meeting – ideally held soon after the vote. Even under such circumstances, a conference call of the board members would be preferable to an e-mail decision. Continue reading “Board Member E-mails”

Broken Pipes = Headaches for Condominium Boards

With the recent spate of frigid temperatures, we have received numerous calls from condominium Boards of Managers about incidents of broken pipes due to freezing.

When the pipes thaw, water floods and damages the unit and, often, neighboring units and common areas. The board invariably accuses the homeowner(s) of negligence for failing to properly winterize the home before heading south for the winter, or for setting the thermostat too low. However, even if the claim of homeowner negligence is correct – and it usually is – the burden for fixing the unit in most communities will fall upon the board and its insurance coverage. Continue reading “Broken Pipes = Headaches for Condominium Boards”