Apr 28, 2006

Board Elections and Shareholder Status

NYC Conference Room with a View

As we enter the season when many cooperatives and condominiums hold their annual meetings, it is important to make certain that the election of board members is conducted properly.   Sometimes this can be difficult, especially in buildings that have contradictory or ambiguous by-law provisions.  These uncertainties lead to acrimony and, occasionally, to litigation. As an example of ambiguity, one provision may simply require that to become a board member the candidate must be a resident of the building (or sometimes just a resident of the state) and over 18 years of age, but not require that the candidate be a… Read more

Oct 28, 2005

Liability of Condominium Managers and Unit Owners for Injuries to Third Parties

Dictionary: Liability

On October 25, 2005, New York’s intermediate appellate court issued a decision of concern to both condominium boards and individual unit owners.  Although the decision, on its face, appears to limit the personal liability of unit owners for claims made against the condominium by third parties, it, in fact, poses new and troubling issues regarding the personal liability of condominium board members while not ultimately providing unit owners real protection. We described the case involved, Pekelnaya v. Allyn, in our March 24, 2004 memorandum.  The lawsuit was commenced after a section of chain link fence fell from the rooftop of… Read more