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?”
Category: Blog
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.
SLOW DOWN, YOU MOVE TOO FAST
While much of our 21st Century world has embraced the ease, speed and effectiveness of email communications, it is not yet the solution to all of life’s challenges. At least that is the lesson learned by a Westchester condominium board of managers recently.1 Continue reading “SLOW DOWN, YOU MOVE TOO FAST”
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 notice requirement was stayed in order to provide the Human Rights Commissioner time to promulgate the rules governing this notice. Now that the necessary rule has been adopted, these notices must be sent and posted by June 17, 2022. Continue reading “NEWS ALERT: Deadline for Required Notice to Tenants is June 17, 2022”
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 case is illustrative, proving that a community may prevail in an action against a home owner for illegal rentals. Continue reading “Short Term Rental Restrictions: The Power of Your Declaration and By-Laws”
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 enable him to contact the shareholders and seek their support for his campaign.