Oct 15, 2017

New 2018 Requirements for Condominiums and Cooperatives

Central Park West NYC

The New York City Council and the New York State Legislature have recently passed legislation subjecting cooperatives and condominiums to new compliance and reporting requirements.  Although these requirements do not go into effect until 2018, cooperative and condominium boards and their managing agents should be aware of them. Smoking On August 28th Mayor De Blasio signed… Read more


Aug 23, 2017

Collecting Arrears – When Owners Fail to Pay

Mortgage Payment on Calendar

Most cooperative and condominium apartment owners pay their monthly fees and assessments in full and on time.   However, some of our clients have recently reported an uptick in arrearages.  There are both similarities and differences in addressing arrearages in cooperatives and condominiums. First, the similarities. Allowing habitual or significant arrearages to accrue poses at least… Read more


May 10, 2017

More on Second Hand Smoke

Coffee and Cigarette

Cooperative and Condominium Directors and Managers: There was a collective sigh of relief last week when the Appellate Division, First Department – the New York appellate court whose jurisdiction includes Manhattan and the Bronx – unanimously reversed the lower court’s decision in Reinhard v. Connaught Tower Corp. and vacated an award of substantial damages to… Read more


Mar 1, 2017

Cooperative Transfers to Family Members

Fire Escape

Cooperative Directors and Managers: The New York Court of Appeals recently issued its decision in the case of Del Terzo v. 33 Fifth Avenue, which had been moving through the New York courts for four and half years. The decision is significant because it establishes statewide limitations on the exercise of board discretion in many… Read more


Oct 25, 2016

Update on Short-Term Rentals

happy young couple opening door and welcoming friends apartment

On October 21st, Governor Cuomo signed into law a bill that allows fines to be imposed on persons who advertise short term rentals such as those commonly marketed through Airbnb and similar services.  The penalties available are $1,000 for the first violation, $5,000 for the second violation and $7,500 for third and subsequent violations.  Airbnb… Read more


Sep 2, 2016

Directors and Officers Insurance—Some Pitfalls

Business Meeting

In recent instances, a number of boards that have come to us for representation have been chagrinned to discover that their insurance policies for directors and officers liability  (“D&O”) did not fully cover claims  by shareholders or unit owners.  The result has been anxiety for board members, litigation expense for the building that would have… Read more


May 3, 2016

Access to Adjoining Property During Construction

Construction Worker

Just about every cooperative and condominium in New York City will at some point need access to a neighboring property to be able to do work on its building or will be asked to provide access for its neighbors to allow them to do work on their building.[1]  The intrusion may be minimal – like… Read more


Mar 7, 2016

Secondhand Smoke

Ashtray

Over the past few years a number of our clients have asked about the legal implications of secondhand smoke in their buildings. The law on the issue has been largely unsettled.  However, boards and property managers should be aware of a clearly emerging trend of imposing liability on cooperative and condominium boards that permit smokers… Read more


Mar 4, 2015

Occupants

Packing to Move

Our clients frequently ask questions concerning what occupants are allowed in a cooperative or condominium apartment.   The answer is very situation-specific and depends on four sets of rules: (i) the governing documents of the building – principally the by-laws for a condominium and the proprietary lease for a cooperative, (ii) New York state’s “Roommate Law”,… Read more


Aug 7, 2014

More on Mold

man coughing

In a recent decision, the New York State Court of Appeals[1] has resolved conflicting lower court decisions we have reported in previous memoranda[2] and raised the bar for the successful prosecution of claims based on alleged injury from mold.  Although cooperatives and condominiums will still be subject to such claims, the Court made clear that… Read more