Articles Archives - Taylor, Eldridge & Endres, P.C.

WHAT COMMUNITY ASSOCIATION BOARDS CAN LEARN FROM THE PASSOVER HAGGADAH

A thousand-year-old story finds new relevance when applied to a modern-day community

Recently, Jews around the world celebrated the holiday of Passover with what is known as a “seder” – a ritual feast. A central activity of the seder (besides the festive meal) is the reading of a relatively short text known as the Haggadah, written about a thousand years ago, which tells the story of the Jewish people’s exodus from Egypt approximately 3,000 years ago. A well-known passage toward the beginning of the Haggadah posits a family with four sons – a wise son, an evil son, a simple son, and a son who does not know how to ask a question – and then proceeds to suggest how to relate the story of the exodus from Egypt to each one of those sons. Continue reading “WHAT COMMUNITY ASSOCIATION BOARDS CAN LEARN FROM THE PASSOVER HAGGADAH”

AVOIDING “US v. THEM” – Part II – Transparency

We are often contacted by condominium, co-op and homeowners association boards when a homeowner or shareholder has requested copies of community documents such as financial records, contracts, homeowner contact information, etc.

The boards’ initial inclination, and direction to our office is often to do everything to prevent or limit such access. The homeowner may be a perpetual thorn in the side of the board – looking to criticize the board at every opportunity – and the instinctual approach is to “circle the wagons” and give the person as little ammunition as possible.
Continue reading “AVOIDING “US v. THEM” – Part II – Transparency”

AVOIDING “US v. THEM” PART I – INCLUSION

Too often, hardworking community association Boards find themselves at odds with their homeowners.

Conscientious Board members, who are volunteering their time, talents and energy to better the community, wonder why their efforts are unappreciated and why they are constantly under attack. The tendency is to “circle the wagons,” which only serves to perpetuate and exacerbate the feelings of animosity between board members and the constituents they are trying to serve.
Continue reading “AVOIDING “US v. THEM” PART I – INCLUSION”

Grandfathered … or not?

A Westchester County cooperative apartment corporation decided to prohibit washing machines in apartments by creating a new House Rule.

The basis for the new rule was a finding by the Board that the plumbing system in the building was “not sufficiently robust” to handle washing machines. The co-op’s Board of Directors, however, took no steps to demand that shareholders remove any existing washing machines from their units. Implicitly, the Board appeared to have granted these shareholders some form of “grandfather” status.
Continue reading “Grandfathered … or not?”

Smoking In The Boardroom

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. Continue reading “Smoking In The Boardroom”

A Community Association Ombudsman in New York

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. Continue reading “A Community Association Ombudsman in New York”

Absence of Malice

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] Continue reading “Absence of Malice”

Individual Board Member Liability After Fletcher v. Dakota

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] Continue reading “Individual Board Member Liability After Fletcher v. Dakota”

Restrictions on Leasing in Condominiums and Homeowner Associations

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. Continue reading “Restrictions on Leasing in Condominiums and Homeowner Associations”

Amending the By-Laws, Declaration, Rules and Regulations

The Board of a community association we represent is thinking of reviewing and updating the rules governing the community.

The question has arisen as to whether changes in the rules can be made by a vote of the Board or whether it would require an amendment to the By-Laws or Declaration.

Following in classic legal tradition, the answer to the question is… “It depends.” Continue reading “Amending the By-Laws, Declaration, Rules and Regulations”

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