Cooperative & Homeowners Association Law Firm

Tag: homeowners association

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”

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.

Continue reading “NEW — CAI-LONG ISLAND DISPUTE RESOLUTION PROGRAM”

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”

AVOIDING “US v. THEM” – Part II – Transparency

We are often contacted by condominium, co-op and homeowners association boards when a homeowner or shareholder has requested copies of community documents such as financial records, contracts, homeowner contact information, etc. 

The boards’ initial inclination, and direction to our office is often to do everything to prevent or limit such access.  The homeowner may be a perpetual thorn in the side of the board – looking to criticize the board at every opportunity – and the instinctual approach is to “circle the wagons” and give the person as little ammunition as possible.
Continue reading “AVOIDING “US v. THEM” – Part II – Transparency”

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.
Continue reading “Paws for Thought”

AVOIDING “US v. THEM” PART I – INCLUSION

Too often, hardworking community association Boards find themselves at odds with their homeowners.

Conscientious Board members, who are volunteering their time, talents and energy to better the community, wonder why their efforts are unappreciated and why they are constantly under attack. The tendency is to “circle the wagons,” which only serves to perpetuate and exacerbate the feelings of animosity between board members and the constituents they are trying to serve.
Continue reading “AVOIDING “US v. THEM” PART I – INCLUSION”

Contact Us For A FREE Consultation

    811 West Jericho Turnpike
    Suite 101W
    Smithtown, New York 11787-3227
    Phone: (631) 265-5550
    Fax: (631) 265-5590
    Email: info@taylor-eldridge.com

    Connect With Us: FacebookLinkedInTwitter

    Skip to content