The smooth operation of a New York City cooperative or condominium requires the oversight of a qualified board of directors or managers. Bylaws, in large part, provide the legal authority the board members use to make decisions that guide the future of the building,...
New York Real Estate Legal Blog
Can co-op/condo boards assess fees to their residents if a commercial tenant vacates?
The economy is way down in 2020 as businesses close up for good or shift to working from home. This is terrible news for all, but co-ops and condos who have commercial tenants who pay a large share of the operating expenses face substantial shortfalls of income that...
3 FAQ’s for condos and co-op owners
Responsibility and accountability go hand-in-hand when it comes to acting as a board member for either a condominium or co-op. Board directors face a wide range of decision challenges that may lead to disgruntled unit owners bringing a lawsuit against either...
Avoiding condo and co-op discrimination claims
Co-op boards in New York City must be aware of the Federal, State and City laws about housing discrimination. Knowledge of these regulations can help the board avoid serious problems if a potential buyer files a discrimination claim or if an issue arises with building...
Condo board membership and fiduciary duty
When unit owners of a condominium or shareholders of a co-op elect members to a board of managers or directors, they entrust those members with a great deal of power. From handling association finances to developing and enforcing property regulations, board members...
How to work with financially struggling shareholders
Countless New Yorkers are living in financial uncertainty. And, as some tenants in co-ops struggle to pay their rent or maintenance, co-op boards are starting to feel the pinch. Many properties, like co-ops, require collective participation by occupants to help pay...
Court of Appeals Ruling Is Huge Win for Landlords
In June of 2019 the New York State Legislature enacted the Housing Stability and Tenant Protection Act (“HSTPA”). The HSTPA dramatically changed the nature of rent overcharge claims, which are claims by a rent regulated tenant that he or she has been charged more rent...
How can co-ops and condominiums protect residents from COVID-19?
As the coronavirus pandemic sweeps the nation, New York City co-ops and condominiums are grappling with difficult questions. Social distancing – the frontline strategy that’s so essential for mitigating the spread – is much more complicated in New York City than, even...
Can a Child Occupy a Co-op Apartment if the Parent Shareholder Is Not in Residence?
Can a cooperative shareholder’s family member reside in their apartment without the named shareholder living there? New York appellate courts (who review decisions from lower courts and whose opinions control future lower court decisions) have differed in answering...
Considerations when buying a NYC coop
If you live in New York City, you already know that real estate here is like nowhere else on Earth. One of the most complicated matters involves purchasing a unit in a cooperative building, commonly known as a coop. With this common structure, a company owns the...