When it comes to buying homes in New York State, purchasers tend to hear the terms “buyer beware” or “caveat emptor”. Under New York State law, a seller of residential real property either has to answer a forty-eight-question disclosure or they could “opt out” of providing the disclosure and give the purchaser a $500 credit at closing – until March 20, 2024, that is.
Continue reading “Amendments to New York’s Property Condition Disclosure Act Creates a Severe Burden on Sellers”
Category: State Law
Community Associations and Direct Employees: Are You Compliant?
Employment Law compliance is a top priority of federal, state and local governments seeking to protect the rights of employees. Community Associations that have direct employees are obligated to ensure that — just like any other employer — they are in compliance with these laws. Continue reading “Community Associations and Direct Employees: Are You Compliant?”
Associate Attorneys Present Case Update and Anecdotes to Suffolk County Bar Association
Recently, Taylor, Eldridge & Endres Associate Attorneys, Melissa Schlactus and Beth Gazes, spoke to members and colleagues of the Suffolk County Bar Association.
Recently, Taylor, Eldridge & Endres Associate Attorneys, Melissa Schlactus and Beth Gazes, spoke to members and colleagues of the Suffolk County Bar Association presenting recent case law and anecdotes about neighbor-against-neighbor disputes, an issue that most association Boards and landlords face from time to time (or perhaps – unfortunately – frequently). The purpose of the lecture was to discuss whether and how the Board or landlord should respond or intervene in neighbors’ disputes.
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”
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”
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 1st, 2021. Continue reading “GOING SOLAR- SOLAR RIGHTS”
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.
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”
