Cooperative & Homeowners Association Law Firm

Tag: home owners association

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”

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.

Continue reading “VIRTUAL ANNUAL MEETINGS”

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”

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