Annual New York Community Association Case Seminar 2016

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COMMUNITY ASSOCIATION SEMINAR

CASE LAW UPDATE

Significant Legal Decisions of 2016

April 4, 2017 – Holiday Inn Express, Centereach, N.Y.

April 6, 2017 – Holiday Inn Express, Centereach, N.Y.

  1. MISUSE OF COMMON AREA

Bluff Point Townhouse Owners Association, Inc. v. Kapsokefalos – Supreme Court, Clinton County

Defendants (husband and wife) are the owners of a townhouse Read More

Smoking In The Boardroom

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In recent years, municipalities have banned cigarette smoking in government offices and places of public accommodation.  Many private entities also prohibit cigarette smoking in office buildings, factories and warehouses.  Even facilities that originally established designated smoking areas have been gradually doing away with them.  While cigarette smoking has long been considered dangerous to the user, the relatively recent prohibitions against smoking are largely designed to protect non-smokers from the ill effects of second-hand smoke. Read More

How to Choose a Property Management Company

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Management companies come in all sizes and shapes, as do community associations and their boards, and there is no clear answer to the question of how to choose the company best suited for your Board and your community.  Like most things in life, there can be advantages and disadvantages to everything.  A small company may be able to provide more personal attention, but are they small because the service they provide is not in demand?  An established company may tout its years of experience, but will a newer company try harder to please?  A less expensive company will be easier on your budget, but will their service be low in quality as well?   A more expensive company may provide top quality service, but will you need to raise assessments to pay their fees – and is that necessarily a bad thing?  A management company may want to take over responsibility for the day to day affairs in running your community – which may be a good thing – but is your Board too “hands on” to allow that to happen – which could result in endless conflict?  All of these questions can only be answered by you and your Board as you interview different companies and survey their offers. Read More

Annual New York Community Association Case Seminar 2015

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COMMUNITY ASSOCIATION LAW SEMINAR

SIGNIFICANT DECISIONS OF 2015

February 23, 2016 – Holiday Inn Express, South Setauket, NY

February 29, 2016 – Holiday Inn Express, South Setauket, NY

  1. STRAY CATS AND LATE FEES

 Dorothy Lee v. Parkview Estates Condominium – New York City Civil Court, Richmond County

Owner of condominium unit invited her sister to live with her.  While the sister was there, she began feeding stray cats on the front porch of the unit.  The condominium fined Read More

A Community Association Ombudsman in New York

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You may have read the recent article in CAI’s Common Ground magazine entitled “Man in the Middle” about community association ombudsmen in Nevada, Florida, Virginia and Colorado.[i]  An ombudsman is defined as “a public official appointed to investigate citizens’ complaints against local or national government agencies that may be infringing on the rights of individuals.”[ii]  In the community association context, an ombudsman is frequently called on to help resolve disputes between irate homeowners and community Boards of Directors/Managers. The Common Ground article depicted the mixed reviews that the ombudsman office has received in these four states. Read More

Annual New York Community Association Case Seminar 2014

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COMMUNITY ASSOCIATION SEMINAR

CASE LAW UPDATE

Significant Legal Decisions of 2014

March 9, 2015 – Holiday Inn Express, Centereach, N.Y.

March 18, 2015 – Holiday Inn Express, Centereach, N.Y.

(1)        LIABILITY FOR PERSONAL INJURY

DeJesus v. The Parkchester South Condominium

Appellate Division (1st Dept., 2014)

Plaintiff was injured while walking on an interior walkway of the Condominium when she was struck by a child riding a bicycle.  The Condominium had a rule against Read More

Annual New York Community Association Case Seminar 2013

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COMMUNITY ASSOCIATION LAW SEMINAR

SIGNIFICANT DECISIONS OF 2013

April 8, 2014 – Holiday Inn Express, Centereach, NY

April 10, 2014 – Law Offices of Taylor, Eldridge & Endres, Smithtown, NY

April 23, 2014 – Law Offices of Taylor, Eldridge & Endres, Smithtown, NY

  1. RULE CHANGES

Baker v. 16 Sutton Place Apartment Corporation – Appellate Division, First Department

A shareholder sues his co-op corporation, claiming that the co-op’s decision to install a roof garden on the building was a breach of the covenant of good faith and fair dealing, a breach of fiduciary duty, and a breach of the proprietary lease.  The court found Read More

Absence of Malice

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A Comparative Analysis between the Torts of “Abuse of Process” and “Malicious Prosecution” in civil litigation

Misuse of the legal system and its processes by litigants is nothing new; for centuries, individuals have improperly used the threat and/or commencement of legal action, both criminal and civil, as a sword against an adversary or potential victim.  In fact, the use of process for the purpose of oppression or injustice was once punishable as contempt, and at times rose to an action for injury to reputation.[1] Read More

Individual Board Member Liability After Fletcher v. Dakota

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The Dakota, one of the legendary co-operative apartment buildings in Manhattan, has long shunned attention.  Its Board of Directors has allegedly even denied the purchase applications of celebrities in order to avoid the publicity that accompanies high profile residents.  Ironically, instead of fame, the Dakota has been plagued by infamy, most notably by the murder of John Lennon at its doorstep, and most recently by a discrimination law suit brought by a former Board president against the Board of Directors and two individual Board members.[i] Read More

Restrictions on Leasing in Condominiums and Homeowner Associations

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Governing boards of condominiums and homeowner associations often have concerns about the number of rental units within their communities.  Tenants are perceived to be less concerned about the community, less likely to observe the community’s rules and regulations and less concerned about the preservation of the community’s common elements than unit owners who reside within the community. Read More