Unpaid common charges can be a disastrous burden on condo boards, but prompt action such as withholding amenities, filing a lien, and negotiating a solution can help resolve the issue. (Print: MOVE QUICKLY AND CONSIDER MEDIATION)
Unpaid common charges can be a disastrous burden on condo boards, but prompt action such as withholding amenities, filing a lien, and negotiating a solution can help resolve the issue. (Print: MOVE QUICKLY AND CONSIDER MEDIATION)
Co-op shareholders are increasingly transferring their ownership to trusts for estate planning and avoiding the lengthy administrative process of probate, but boards must ensure that they have protections in place to identify who is responsible for the apartment. (Print: TIPS FOR A WATERTIGHT AGREEMENT)
Boards must be aware of discrimination laws to avoid potential claims, as they can be held personally liable and may not be covered by insurance unless an added discrimination endorsement is included in their policy. (Print: WHAT QUESTIONS YOU CAN — AND CANNOT ASK)
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)
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)
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)
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)
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)
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)
Steam traps, which operate like gatekeepers in buildings with radiators, can wreak havoc if malfunctioning, leading to wasted steam, starved radiators, higher energy bills, and increased carbon emissions. (Print: The Malfunctioning Steam Trap)