A Community Association Ombudsman in New York
You may have read the recent article in CAI’s Common Ground magazine entitled “Man in the Middle” about community association ombudsmen in Nevada, Florida, Virginia and Colorado.[i] An ombudsman is defined as “a public official appointed to investigate citizens’...
Individual Board Member Liability After Fletcher v. Dakota
The Dakota, one of the legendary co-operative apartment buildings in Manhattan, has long shunned attention. Its Board of Directors has allegedly even denied the purchase applications of celebrities in order to avoid the publicity that accompanies high profile...
Absence of Malice
A Comparative Analysis between the Torts of “Abuse of Process” and “Malicious Prosecution” in civil litigation Misuse of the legal system and its processes by litigants is nothing new; for centuries, individuals have improperly used the threat and/or commencement of...
Restrictions on Leasing in Condominiums and Homeowner Associations
Governing boards of condominiums and homeowner associations often have concerns about the number of rental units within their communities. Tenants are perceived to be less concerned about the community, less likely to observe the community’s rules and regulations and...
Amending the By-Laws, Declaration, Rules and Regulations
The Board of a community association we represent is thinking of reviewing and updating the rules governing the community. The question has arisen as to whether changes in the rules can be made by a vote of the Board or whether it would require an amendment to the...
Fairness in Cooperative Home Ownership
The Suffolk County Legislature recently passed a new Local Law entitled “A Local Law Requiring Fairness in Cooperative Home Ownership” that took effect on September 15, 2009 and was later amended, which amendment became effective on November 10, 2009. A more...
Replacements v. Improvements in Condominiums
Many condominiums have, as part of their by-laws, a section that limits spending by the Board of Managers on alterations, additions and improvements without first obtaining approval of the unit owners. Condominium Boards of Managers are also charged, elsewhere in the...
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