Cooperative & Homeowners Association Law Firm

A Board’s Map To Successful Collection Of Common Charges And Assessments In Condominiums And Homeowners Associations

COLLECTIONS OVERVIEW

In order to successfully operate a planned community, payment of certain expenses associated with the operation, maintenance, and control of the association are required.  The Board creates a budget for these expenses, including proper reserve funding, and thereafter assesses the owners.  The obligation of the owners to make payment of these assessments and the liability for non-payment is found in the association’s governing documents.

If too many owners fail to make payment of their common charges and assessments, the association may be unable to pay its bills and keep the community running in the fashion and at the level the owners expect.  Whenever an owner fails to make payment, all other owners must pay that delinquent owner’s share.  As a result, Boards have little choice but to move forward against delinquent owners.  Failure to do so can be seen as a Board not satisfying its fiduciary obligation and affirmative duty to the community. Continue reading “A Board’s Map To Successful Collection Of Common Charges And Assessments In Condominiums And Homeowners Associations”

New Conflict of Interest Law

The NYS Legislature recently passed a new law, signed by the Governor in September 2017, which purports to impose conflict-of-interest reporting requirements upon condominiums and cooperative housing corporations.

The law requires, first of all, that at least once each year, each “director” of a condominium or co-op board receive a copy of the Related Party Transactions section from the NYS Not-for-Profit Corporation Law (Section 715) or, for a co-op board, a copy of the Interested Directors section from the Business Corporation Law (Section 713).  These provisions are similar to each other and prohibit boards from entering into contracts where a conflict of interest exists, unless the conflict has been disclosed by the interested director. Continue reading “New Conflict of Interest Law”

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