Cooperative & Homeowners Association Law Firm

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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. 

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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.

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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.
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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.
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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.
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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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