Boards Archives - Page 5 of 5 - Taylor, Eldridge & Endres, P.C.

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 By-Laws or Declaration.

Following in classic legal tradition, the answer to the question is… “It depends.” Continue reading “Amending the By-Laws, Declaration, Rules and Regulations”

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 appropriate name for the law would have been “Fairness in Purchasing a Cooperative Home” since the law deals with the application process. Most significantly, in the event a co-op Board of Directors denies an application to purchase a unit, the law requires the Board to notify the applicant, in writing, of the specific reason for the denial. Continue reading “Fairness in Cooperative Home Ownership”

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 By-Laws, with the responsibility to maintain, repair and replace the common elements. Unit owners opposed to spending by the Board often attempt to curtail such spending by invoking the requirement for unit owner consent. Continue reading “Replacements v. Improvements in Condominiums”

Category: Boards

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.

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.

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.

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