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

WHEN IS INSURANCE…NOT INSURANCE?

A co-op apartment corporation Board was sued for alleged failure to properly hire and supervise a contractor, which led to damage to an owner’s apartment.

A homeowners association Board was sued due to an alleged delay in repairing a building after a fire, resulting in monetary damages suffered by a homeowner. A condominium Board was sued for allegedly failing to properly maintain and repair a building, resulting in damages to several units. In each instance, the shareholder/homeowner claimed that the Board members had breached their fiduciary duty by mismanaging the association..
Continue reading “WHEN IS INSURANCE…NOT INSURANCE?”

THE RULES OF THE COMMUNITY RULE THE DAY

As homeowners and a Board in Westchester County recently discovered, nothing constructive comes from a Board member’s informal and improper permission to a homeowner for an alteration.

According to the Appellate Division, Second Department’s decision in Ives v Fieldpoint Community Assn., Inc., 2021 NY Slip Op 05028, decided September 22, 2021, the clear and unambiguous rules of the Homeowners Association governing fence installation rule the day.
Continue reading “THE RULES OF THE COMMUNITY RULE THE DAY”

STILL HAVEN’T HELD YOUR ELECTIONS? CONSIDER THE RISKS OF CONTINUED DEFERMENT

For many Boards, the Covid-19 pandemic has thrown a monkey wrench into governance efforts, particularly with holding annual meetings and elections.

In New York, amendments to the Business Corporation Law and the Not-for-Profit Corporation Law temporarily allowing annual meetings via Zoom or other electronic platforms were signed into law. But what about those Boards who still haven’t had their annual meeting or election despite the electronic meeting provisions? It is time to get back on track because failure to do so could leave you exposed to potential litigation brought by individual members or shareholders seeking to compel the Board to hold an annual meeting and/or election. Continue reading “STILL HAVEN’T HELD YOUR ELECTIONS? CONSIDER THE RISKS OF CONTINUED DEFERMENT”

GOING SOLAR- SOLAR RIGHTS

The New York State Legislature recently passed a bill prohibiting Homeowners Associations (“HOA”) from unreasonably restricting the installation or use of solar power systems.

A “solar power system” is defined as solar panels on a rooftop. The new law becomes effective October 1^st, 2021. Continue reading “GOING SOLAR- SOLAR RIGHTS”

GOVERNING DOCUMENTS: ONE BOARD’S ROADMAP FOR DOG REMOVAL DEMANDS, FINES, AND ATTORNEY’S FEES

Recently, an appeals court upheld a Board’s demand for the removal of residents’ dogs…

but held that repeated fines for failure to remove the dogs were not proper – all pursuant to the Condominium’s by-laws. Continue reading “GOVERNING DOCUMENTS: ONE BOARD’S ROADMAP FOR DOG REMOVAL DEMANDS, FINES, AND ATTORNEY’S FEES”

STATE LAW v. BY-LAW

As a general rule, federal, New York State and local laws are applicable to community associations and any such statutes usually have priority over the governing documents of individual community associations when the law is in conflict with those documents.

Continue reading “STATE LAW v. BY-LAW”

NEW LAW PASSED CONCERNING ELECTRONIC VEHICLE CHARGING STATIONS

There is a growing trend of new legislation that encourages the use of environmentally friendly energy sources.

In light of this trend as well as the increase of electric vehicles on the roads, the New York State legislature recently passed a new provision to the New York Condominium Act, (Real Property Law §339-ll) that restricts condominium Boards from prohibiting or unreasonably restricting unit owners’ installation or use of an electric vehicle charging station (“EVCS”) within the community.

Continue reading “NEW LAW PASSED CONCERNING ELECTRONIC VEHICLE CHARGING STATIONS”

New York Smoke Detector Law

On April 1, 2019, a new law went into effect in New York State changing the type of smoke detectors that will be permitted for sale in the State.

Section 399-ccc of the General Business Law prohibits the sale of smoke detectors that are powered solely by a replaceable, removable battery. All new smoke detectors sold in New York will be required either to be hardwired to the home or powered by a non-removable, non-replaceable battery that powers the device for at least ten years.
Continue reading “New York Smoke Detector Law”

Board Member E-mails

While e-mail has become one of the most common and preferred means of communication, it may not always be the wisest or safest method for board members of community associations. At the very least, certain precautions need to be taken.

First and foremost, boards should not be making decisions and taking votes by e-mail. Decisions need to be made at a board meeting. A decision made by e-mail, if challenged, will likely not be upheld in a court of law. The only instance when an e-mail vote might have some validity would be in an emergency situation, where an issue arises that could not have been anticipated and requires immediate attention. Any such decision should be confirmed in the minutes of the next board meeting – ideally held soon after the vote. Even under such circumstances, a conference call of the board members would be preferable to an e-mail decision. Continue reading “Board Member E-mails”

Broken Pipes = Headaches for Condominium Boards

With the recent spate of frigid temperatures, we have received numerous calls from condominium Boards of Managers about incidents of broken pipes due to freezing.

When the pipes thaw, water floods and damages the unit and, often, neighboring units and common areas. The board invariably accuses the homeowner(s) of negligence for failing to properly winterize the home before heading south for the winter, or for setting the thermostat too low. However, even if the claim of homeowner negligence is correct – and it usually is – the burden for fixing the unit in most communities will fall upon the board and its insurance coverage. Continue reading “Broken Pipes = Headaches for Condominium Boards”

Author: Beth Gazes