When a Board receives notice that one of their members or shareholders has filed a disability discrimination claim, there are often more questions than answers, especially when the claim is filed by the Department of Human Rights or Suffolk County Human Rights Commission. Continue reading “Disability Discrimination Claims”
Category: Litigation
Recent Court Ruling Allows Landlords to Use Same Predicate Notice in Subsequent Proceedings
Courts have, until recently, applied a bright line rule that a predicate notice is no longer valid once a holdover proceeding ends, and may not be used again in a subsequent proceeding. Landlords were often forced to re-serve 30, 60 or even 90 day notices.
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”
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”
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”
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”
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.
Continue reading “TO FILE, OR NOT TO FILE? FOR AN HOA BOARD, THAT MAY NO LONGER BE THE QUESTION”
