ARCHIVE SEARCH RESULTS

It is important to approach your neighboring building for access to your property early and with transparency, as money and access can often be sticking points, and legal action may be necessary if negotiations fail. (Print: BE CANDID AND HOLD FIRM)

Alteration agreements should be carefully checked for completeness and time frames, and an alteration and assumption agreement should be signed by incoming purchasers to ensure that the current owner takes responsibility for any issues arising from the work. (Print: A CLOSE EYE AND IRONCLAD AGREEMENTS)

Board directors are generally held harmless and indemnified for legal fees and loss in the ordinary course of business, but they may be liable for intentional harmful acts or acts without authority, and insurance policies may not cover punitive damages for discriminatory actions. (Print: ACT IN GOOD FAITH AND WITHOUT CONFLICT)

The business judgment rule protects boards from second-guessing and legal challenges, but it does not apply to decisions outside their authority or made in bad faith, and it does not cover claims of discrimination. (Print: KNOW WHEN YOU’RE PROTECTED — AND WHEN YOU’RE NOT)

Co-op boards must be aware of their obligations to repair damage to both common elements and apartments, and must act quickly to mitigate the damage, even if a third party may be at fault, in order to avoid delays and costly repairs. (Print: REPAIR PROMPTLY AND FIGHT COVERAGE DENIALS)

Co-op boards must carefully consider the lifestyle and financial implications of potential commercial tenants, negotiate rent concessions and broker fees, and spread costs over time to ensure a successful tenancy. (Print: SPREAD COSTS OVER TIME WITH STRATEGIC NEGOTIATIONS)

A co-op corporation must act quickly to recover unpaid maintenance, fees, or assessments, as the governing documents will dictate the co-op's rights, and the board must be aware of the remedies available to them. (Print: FINDING LEVERAGE TO COVER COSTS)

Co-ops allow a five-to ten-day grace period for late payments, and legal action can be taken if two months go by without payment, which can take six to eight months before any eviction might occur. (Print: COSTLY, LENGTHY AND HIGHLY CONSEQUENTIAL TO SHAREHOLDERS)

Co-ops must investigate complaints about smoke and odors emanating from apartments, and take action to solve the problem before serving a formal notice to cure or bringing an action against the smoker for violating the proprietary case. (Print: ACT QUICKLY BEFORE THINGS REALLY FLARE UP)

Condominium boards can enforce their bylaws by issuing fines, and if the wrongful conduct continues, they can seek an injunction to remedy the problem through legal proceedings. (Print: INJUNCTIONS ARE A POWERFUL TOOL)

The responsibility for maintaining and repairing various things in a condominium depends on whether the elements are defined as common or limited common, and if there is a contradiction between the floor plans and the governing documents, the floor plans win. (Print: REPAIRS CAN BECOME A PROBLEM)

The Board of Managers of the Columbus House Condominium obtained a court order granting it access to an adjoining property to perform repairs under RPL 881, but did not receive a court order requiring the adjoining property owner to pay for the costs of completing the repairs. (Print: HOW MANY TIMES DO I HAVE TO ASK?)

The board of a building must protect the building, themselves, and other board members by seeking legal guidance and being fair and consistent in their treatment of all candidates, while also managing the length of written bios and spoken statements at the meeting. (Print: COPING WITH A CONTENTIOUS CANDIDATE)

The Ground Lease Renewal Bill (A10467A) has passed, easing financial complications for about 100 Queens and Westchester co-ops with land leases, allowing buyers to obtain 30-year mortgages and co-ops to remain in good standing. (Print: A NEW RENEWAL LAW AVERTS A CRISIS)

Boards must conduct due diligence and communicate with sponsors to ensure that construction defects are remedied, as they can lead to escalating violation fines, unit-owner complaints, and legal costs. (Print: HOLD YOUR SPONSOR LIABLE)