LEGAL TALK

Attention Must Be Paid

Commercial tenants can provide a revenue boon, but sometimes it’s only for a sponsor, particularly when the lease goes on for decades. Taking a closer look at the master lease, though, can reveal oppo...

The Problem With Weed

Marijuana smoking is the nuisance that is causing more neighbor complaints, and dealing with the fallout is becoming a bigger problem for boards....

Get It In Writing

Everytime an apartment is sold, the responsibility for any alterations should accompany the transfer. It’s up to the board to make sure this happens and it’s accomplished through the signing of an ass...

Preventing A Mutiny

Boards sometimes think the business judgment rule is a safety bubble, that pretty much anything they do is protected. But it’s not fail-safe, and there are nuances they need to be aware of....

When An Apartment Is Not A Home

Boards are certainly within their rights to go to court to evict shareholders who violate the proprietary lease by not residing in their apartment. Taking a less adversarial route, though, may be a sm...

Licensing Fee Shakedowns

As mandatory facade work becomes more involved, demands for licensing fees can get downright outrageous. There may be a solution. ...

Changing A Name Is The Starting Point

Apartment sales trigger stock transfers, but so do other events. It’s not as simple as adding or deleting a name from the stock certificate, there’s homework to be done and legal procedures to follow....

Hitting the Ceiling

Before tackling maintenance and repair projects, condo boards need to check the caps in their governing documents on how much they can spend without owner approval. If yours haven’t been updated to re...

Educating Board Newbies

Their motives may be noble, but few co-op and condo board novices understand the weight of their responsibilities....

Get On The List

Local Law 18, sometimes referred to as the short-term rental registration law, is coming for building owners who could be put on the prohibited building list....

Staying in Place

In the unique world of Mitchell-Lamas, family members have the right to remain in the apartment after the shareholder passes — if they meet certain requirements....

Condo Repairs Come With an Ask

In condominiums, there can be a thin line between building maintenance work, which doesn’t require owner approval, and major alterations or improvements, which do. You need to know the difference....

Four-Legged Nuisance

When an emotional support animal behaves badly, boards need to know when— and how — they can draw a line in the sand....

A Revenue Stream Dries Up

Delivery services and the pandemic put a double-whammy on brick-and-mortar commercial spaces. High rents are not coming back, and it’s time for boards to get realistic....

Splitting the Difference

Common charges are a fact of life, but when commercial tenants butt heads with residents over costs, boards can look to their bylaws for a resolution. ...

Formula for Success

The bar is set high when it comes to the support needed from your community to amend your bylaws. These strategies can help you clear it....

Pass the Buck

Boards can control costs by getting shareholders to cover some risks. The goal is to reduce your building’s loss run to reduce premium increases....

Avoiding Discrimination Claims in the Co-op Approval Process

Co-op owners are shareholders in a corporation and the board must ensure a buyer can afford the financial commitment this brings....

Know When to Hold, When to Fold

Governing a co-op is not for the faint of heart. One of the biggest challenges is  communication — that is, what documents and information boards should, or shouldn’t, reveal to shareholders....

Condominium Common Charges

Condo boards face particular challenges when it comes to foreclosing on unit owners who fail to pay common charges, especially when it comes to their bottom line. But for those that are mired in a pro...