By Jay Romano Q We recently bought a small studio apartment next to our one-bedroom and created a two-bedroom. We are paying maintenance on the two units as if they had never been combined. There is a similar apartment in the building that has fewer shares — and pays less maintenance — for the same-size apartment Full Article…
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Directors and Officers Insurance Does Not Cover Intentional Discrimination
By Adam Leitman Bailey & Colin E. Kaufman In a recent decision that sent shivers of concern across New York co-op and condo boards, the state’s highest court held that the Business Judgment Rule does not protect individual condominium and cooperative board members against some personal liability. In response, real estate and insurance attorneys are reviewing directors and officers (D&O) policies and Full Article…
Laws Versus Rules: You Need to Know the Difference
New York’s co-ops and condos are both governed by a multitude of laws and rules… Sometimes, laws that are enacted that mandate change can cause conflict with co-ops and condos that are used to doing things a certain way. For example, the Fair Housing Amendments Act mandates that a multiple dwelling with a parking lot Full Article…
Q & A: An Inheritance, With Restrictions
Q. My mother inherited a co-op in Manhattan, but the co-op board will not give its approval for the shares to be transferred into her name. Can a co-op board do this? A. A co-op board may not prevent the estate of a deceased shareholder from being transferred to a beneficiary, according to Adam Leitman Bailey, P.C., a Full Article…
Q & A: No Dogs for Condo Renters
By JAY ROMANO Q. I own in a condo building that allows only owners to have dogs. Renters have been circumventing the rule by submitting a note from a therapist to the management company saying the dog is part of their therapy. Is it true that a condominium can be kept from enforcing its rules by Full Article…
Adam Leitman Bailey, P.C., Uses Social Media to Prove that Tenant Was Not Using Apartment as Primary Residence
Entitlement to a governmentally regulated apartment is strictly governed by statute and a tenant of such an apartment is required to utilize it as his or her primary residence in order to continue to receive the benefit. Recently, Adam Leitman Bailey, P.C., was called upon to investigate and demonstrate that a granddaughter—who had previously Full Article…
Adam Leitman Bailey, P.C. Assists Major Corporation to Settle Substantial ECB Violation Fine Arrears
Adam Leitman Bailey, P.C. has assisted a major national corporation, with operations and locations throughout New York City, to settle a multi-million dollar backlog of fines and violations issued by the New York City Environmental Control Board (ECB) for violations of the regulations of eight separate City departments. The settlements encompassed over 5,000 individual violations Full Article…
A Smoking Ban in All Related Companies Rentals
By C. J. HUGHES In a move that may enrage those who enjoy a cigarette on their couch after work, but delight air-freshener-wielding neighbors, a major landlord has banned smoking in all of its apartments across the country. As of this month, the Related Companies has decided that tenants can no longer light up in Full Article…
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