Blog Archives - Page 3 of 6 - Taylor, Eldridge & Endres, P.C.

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 reading of a relatively short text known as the Haggadah, written about a thousand years ago, which tells the story of the Jewish people’s exodus from Egypt approximately 3,000 years ago. A well-known passage toward the beginning of the Haggadah posits a family with four sons – a wise son, an evil son, a simple son, and a son who does not know how to ask a question – and then proceeds to suggest how to relate the story of the exodus from Egypt to each one of those sons. Continue reading “WHAT COMMUNITY ASSOCIATION BOARDS CAN LEARN FROM THE PASSOVER HAGGADAH”

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. Continue reading “Tackling Mental Health Issues in Community Associations”

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 over buildings with aging infrastructure and significant deferred maintenance projects, condominiums, co-ops and homeowners associations will have to provide an extensive review of safety, soundness and structural integrity conditions to determine if a purchase of a unit in a community is eligible for funding. Since Fannie Mae and Freddie Mac acquire a significant majority of residential mortgages, these guidelines will have a significant effect on the sales of units in community associations. Continue reading “PREPARING FOR THE IMPACT OF NEW FANNIE MAE AND FREDDIE MAC REGULATIONS”

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 signed into law a bill, pursuant to a temporary Executive Order originally set to expire on December 31, 2021, that eliminates the requirement of in-person meetings in a physical location.

The new law, which amends the Business Corporation Law and the Not for Profit Corporation Law, allows members “to participate in in-person meetings via electronic communications, or for meetings of members to take place solely via electronic communications, at the discretion of the board of directors.” This allows Boards to conduct meetings from anywhere, without having to physically assemble in one common place.

Continue reading “VIRTUAL ANNUAL MEETINGS”

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 in monetary damages suffered by a homeowner. A condominium Board was sued for allegedly failing to properly maintain and repair a building, resulting in damages to several units. In each instance, the shareholder/homeowner claimed that the Board members had breached their fiduciary duty by mismanaging the association..
Continue reading “WHEN IS INSURANCE…NOT INSURANCE?”

THE RULES OF THE COMMUNITY RULE THE DAY

As homeowners and a Board in Westchester County recently discovered, nothing constructive comes from a Board member’s informal and improper permission to a homeowner for an alteration.

According to the Appellate Division, Second Department’s decision in Ives v Fieldpoint Community Assn., Inc., 2021 NY Slip Op 05028, decided September 22, 2021, the clear and unambiguous rules of the Homeowners Association governing fence installation rule the day.
Continue reading “THE RULES OF THE COMMUNITY RULE THE DAY”

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 annual meetings via Zoom or other electronic platforms were signed into law. But what about those Boards who still haven’t had their annual meeting or election despite the electronic meeting provisions? It is time to get back on track because failure to do so could leave you exposed to potential litigation brought by individual members or shareholders seeking to compel the Board to hold an annual meeting and/or election. Continue reading “STILL HAVEN’T HELD YOUR ELECTIONS? CONSIDER THE RISKS OF CONTINUED DEFERMENT”

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 effective October 1^st, 2021. Continue reading “GOING SOLAR- SOLAR RIGHTS”

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. Continue reading “GOVERNING DOCUMENTS: ONE BOARD’S ROADMAP FOR DOG REMOVAL DEMANDS, FINES, AND ATTORNEY’S FEES”

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.

Continue reading “STATE LAW v. BY-LAW”

Category: Blog