Cooperative & Homeowners Association Law Firm

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”

Community Associations in the News

You may have read recently about the homeowners association in Las Vegas in which a teenage resident was severely injured in a playground accident (see the July/August 2018 issue of CAI’s Common Ground Magazine, pages 20-25).

The jury rendered a $20 million verdict for the plaintiff, which overwhelmed the HOA’s liability insurance policy limit of $2 million.

Continue reading “Community Associations in the News”

A Community Association Ombudsman in New York

You may have read the recent article in CAI’s Common Ground magazine entitled “Man in the Middle” about community association ombudsmen in Nevada, Florida, Virginia and Colorado.[i] 

An ombudsman is defined as “a public official appointed to investigate citizens’ complaints against local or national government agencies that may be infringing on the rights of individuals.”[ii]  In the community association context, an ombudsman is frequently called on to help resolve disputes between irate homeowners and community Boards of Directors/Managers. The Common Ground article depicted the mixed reviews that the ombudsman office has received in these four states. Continue reading “A Community Association Ombudsman in New York”

Restrictions on Leasing in Condominiums and Homeowner Associations

Governing boards of condominiums and homeowner associations often have concerns about the number of rental units within their communities. 

Tenants are perceived to be less concerned about the community, less likely to observe the community’s rules and regulations and less concerned about the preservation of the community’s common elements than unit owners who reside within the community. Continue reading “Restrictions on Leasing in Condominiums and Homeowner Associations”

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