Beth Gazes, Author at Taylor, Eldridge & Endres, P.C.

Court Orders Mechanic’s Lien Invalid, Extinguished

The Litigation Team of Taylor, Eldridge & Endres Scores Big Victory for Real Estate Developer in the Face of an Invalid Mechanic’s Lien

A mechanic’s lien can easily be filed against real property without any proof that the contractor did any work or that any money is still owed — or ever owed, for that matter.

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New article published in Touro Law Review: Modification Requests in Community Associations: Do We Know What’s Reasonable?

An article by Beth Gazes, one of our firm’s Associate Attorneys, was recently published in the Touro Law Review. Entitled, “Modification Requests in Community Associations: Do We Know What’s Reasonable?” the article, among other things, addresses the application of the modification requirement to condominium and homeowners associations; explores some relevant case law; and examines the reasonableness standard. Read the full article by going here.

SLOW DOWN, YOU MOVE TOO FAST

While much of our 21st Century world has embraced the ease, speed and effectiveness of email communications, it is not yet the solution to all of life’s challenges. At least that is the lesson learned by a Westchester condominium board of managers recently.¹ Continue reading “SLOW DOWN, YOU MOVE TOO FAST”

NEWS ALERT: Deadline for Required Notice to Tenants is June 17, 2022

Many of you might recall that in March 2021, a new State law was enacted requiring landlords to provide notice to tenants of their rights to request reasonable modifications and accommodations pursuant to the State’s Human Rights Law. You might also recall that this notice requirement was stayed in order to provide the Human Rights Commissioner time to promulgate the rules governing this notice. Now that the necessary rule has been adopted, these notices must be sent and posted by June 17, 2022. Continue reading “NEWS ALERT: Deadline for Required Notice to Tenants is June 17, 2022”

Short Term Rental Restrictions: The Power of Your Declaration and By-Laws

As summer approaches, Boards may see a rise in short-term rentals in their communities

For those communities whose Declaration or By-Laws restrict leasing to some degree, the question becomes whether the Board can and should enforce these restrictive provisions. One case is illustrative, proving that a community may prevail in an action against a home owner for illegal rentals. Continue reading “Short Term Rental Restrictions: The Power of Your Declaration and By-Laws”

A RIGHT TO PRIVACY FALLS BY THE WAYSIDE

A co-op shareholder makes a request

A co-op shareholder, seeking to run for a position on the Board of Directors, requests the Board and its managing agent a list of the names and addresses of the corporation’s shareholders. His stated purpose for the list is to enable him to contact the shareholders and seek their support for his campaign.

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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”

Tackling Mental Health Issues in Community Associations

CAI’s annual Community Association Law Seminar was held in February 2022 in Palm Springs California

The Law Seminar is an opportunity for community association attorneys across the country to meet and attend seminars in trending areas of community association law. Continue reading “Tackling Mental Health Issues in Community Associations”

PREPARING FOR THE IMPACT OF NEW FANNIE MAE AND FREDDIE MAC REGULATIONS

The tragic collapse of the Champlain South Tower in Surfside, Florida has led to a series of new requirements that impact all Fannie Mae and Freddie Mac loans for the purchase of units in community associations that have five or more attached units

Citing concerns over buildings with aging infrastructure and significant deferred maintenance projects, condominiums, co-ops and homeowners associations will have to provide an extensive review of safety, soundness and structural integrity conditions to determine if a purchase of a unit in a community is eligible for funding. Since Fannie Mae and Freddie Mac acquire a significant majority of residential mortgages, these guidelines will have a significant effect on the sales of units in community associations. Continue reading “PREPARING FOR THE IMPACT OF NEW FANNIE MAE AND FREDDIE MAC REGULATIONS”

VIRTUAL ANNUAL MEETINGS

Virtual annual meetings are now a permanent fixture in NY.

During the Covid-19 pandemic, Community Boards for, Co-ops and Homeowners’ Associations relied heavily on virtual platforms to stay connected, informed and conduct their business. Now, Governor Hochul has signed into law a bill, pursuant to a temporary Executive Order originally set to expire on December 31, 2021, that eliminates the requirement of in-person meetings in a physical location.

The new law, which amends the Business Corporation Law and the Not for Profit Corporation Law, allows members “to participate in in-person meetings via electronic communications, or for meetings of members to take place solely via electronic communications, at the discretion of the board of directors.” This allows Boards to conduct meetings from anywhere, without having to physically assemble in one common place.

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Author: Beth Gazes