Case Notes in
2024
Category
- Access
- Alterations
- Appeals
- Arbitration
- Assessment
- Attorney Fees
- Attorney-Client
- Authority to Sue
- Balcony/Terrace Rights
- Bike Lane
- Board of Directors
- Books and Records
- Breach of Lease
- Business Judgment Rule
- Bylaws
- Bylaws/House Rules
- Certificate of Occupancy
- Charges/Fees
- Commercial Unit
- Common Element
- Common Elements
- Companion Animal
- Constitutionality
- Construction Defects
- Contracts
- Conversion
- Defamation
- Discovery
- Discrimination
- Due Diligence
- Easement
- Elections
- Estate
- Eviction
- Eviction/Termination
- Fiduciary Duty
- Fines
- Foreclosure
- Fraud
- Governance
- Gym
- House Rules
- Indemnification
- Indemnification/Subrogation
- Injunction
- Insurance
- Labor Law
- Liability of Directors
- Licenses
- Liens
- Maintenance
- Malpractice
- Management
- Mechanic's Lien
- Misrepresentations
- Motion Practice
- Motion Practive
- Negligence
- Notice of Pendency
- Nuisance
- Occupancy Agreement
- Ownership
- Parking
- Partnership
- Personal Injury
- Pets
- Property Damage
- Proprietary Lease
- Reasonableness
- Receivership
- Release
- Repairs
- Representations
- Sales
- Service of Process
- Sponsor
- Statute of Limitations
- Stock/Shares
- Stocks/Shares
- Sublets
- Succession Rights
- Tax
- Third-Party Liability
- Transfers
- Trespassing
- Trial Practice
- Violations
- Warranty of Habitability
- Yellowstone Injunction
- Zoning
First published: Feb 2024
You Don’t Have The Votes!TAKEAWAY This case is a reminder that co-ops and condominiums are ultimately political organizations controlled by the majority interest of their owners. Particularly in small buildings, where just a few owners can constitute a majority, the majority owners have a substantial ability to control the building’s leadership and operations. Unless there are protections for minority interests in the bylaws or other governing documents, minority owners may be frozen out by a coalition holding a majority. Additionally, lawyers can be focused on bringing claims based on procedural issues in providing notice of and conducting meetings. However, this case points out that if the procedural issues can be shown not to make a difference in the ultimate result, courts can properly ignore them.
Read full articleFirst published: Feb 2024
Handling a HoarderBeekman East was successful in court not only because the facts were so extreme but because the language in the governing documents was comprehensive and clear. It’s advisable for every board to review with its attorney the bylaws and house rules (and the proprietary lease in a co-op) to be sure that the language regarding accessing apartments is very strong and broad. This vigilance will lead to a successful outcome if the owner decides not to give access when the board requires it to conduct an inspection, make repairs or exterminate pests.
Read full articleFirst published: Jan 2024
Is It A Repair or Improvement?TAKEAWAY: Courts like to defer to the business judgment of boards. As long as a condominium board acts in good faith, within the scope of its authority under the bylaws, and to further a legitimate interest of the condominium, a court is not likely to meddle in board business.
Read full articleFirst published: Jan 2024
Storm in ProgressTakeaway This case illustrates the “storm-in-progress” doctrine where a property owner is “not required to provide a constant, ongoing remedy for an alleged slippery condition caused by moisture tracked indoors during a storm,” but it must take “reasonable measures to remedy a hazardous condition.” As we head into winter and possible snow accumulation (even in the face of climate change) boards must make sure that building staff takes all reasonable affirmative steps to maintain the building, including assigning staff to cover the public areas with mats, continually mop up any moisture on the floor, put wet-floor notices in affected areas, assign someone to continually monitor the affected areas, and keep written assignment and progress notes in the logbooks. I would add: Assign staff to offer to assist disabled and elderly persons to traverse areas of possible danger.
Read full article