Cooperative & Homeowners Association Law Firm

Category: Boards

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.

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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..
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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.
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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 1st, 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”

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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