Case Notes by
Michelle P. Quinn, Gallet Dreyer & Berkey
Category
- Access
- Alterations
- Arbitration
- Assessment
- Attorney Fees
- Attorney-Client
- Authority to Sue
- Balcony/Terrace Rights
- Bike Lane
- 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
- Notice of Pendency
- Nuisance
- Occupancy Agreement
- Ownership
- Parking
- Partnership
- Personal Injury
- Pets
- Property Damage
- Proprietary Lease
- Reasonableness
- Receivership
- Release
- Repairs
- Representations
- Sales
- 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: Jul 2023
Sidewalk HazardTAKEAWAY This sidewalk tale, one of the most common types of legal action, serves as a reminder for co-op and condo board directors across the city. Under the New York City administrative code, property owners bear not only the responsibility for their buildings but also for the safety of the adjacent public sidewalks. This crucial duty cannot be delegated or brushed aside. Regular and thorough inspections, coupled with prompt repairs, are paramount in limiting the risk of personal injury claims. The story underscores a crucial point - no matter how obvious a hazardous condition might appear, it doesn't absolve property owners from their duty. The safety and well-being of pedestrians remain a top priority and cannot be compromised.
Read full articleFirst published: Sep 2022
Endless RenovationsIf the duration of an alteration project is of concern to a board of a cooperative or condominium, care should be taken to ensure that all material information, including the specific deadline and consequences for failure to meet it, are clearly spelled out in the agreement. Even a seemingly minor mistake or unintentional oversight can have major consequences and a potentially significant impact on building operations.
Read full articleFirst published: Sep 2022
Brodie v. Board Of Managers Of The Aldyn CondominiumTakeaway If the duration of an alteration project is of concern to a board of a cooperative or condominium, care should be taken to ensure that all material information, including the specific deadline and consequences for failure to meet it, are clearly spelled out in the agreement. Even a seemingly minor mistake or unintentional oversight can have major consequences and a potentially significant impact on building operations.
Read full articleFirst published: Apr 2022
Eight DogsBoards should ensure that any change in building rules is well documented and circulated among its residents as well as its employees to avoid confusion in the applicability of rules and obligations.There are a myriad of different regulations and cases applicable to the harboring of pets. Consideration must be given to whether the building rule – whether it prohibits pets altogether, requires permission from the board, or imposes specific restrictions – is clear, enforceable, and applies evenly to all of its residents. Boards must be vigilant in pursuing enforcement of its rule, as failing to do so may lead to a waiver of that right. Boards must also thoughtfully consider and carefully balance the need for a reasonable accommodation with the safety and expectations of the other residents, and craft a mutually acceptable solution. Regardless of a building’s position or regulations governing the existence of the pet in the apartment, or the possible claims of waiver or reasonable accommodation, the board retains the ability to address any nuisance caused by the pet in the apartment, such as excessive barking, aggressive behavior, offensive odors, and property damage, which should not be tolerated.
Read full articleFirst published: Apr 2022
Heavy Wind, Then a TragedyWhere a terrace or balcony is involved, the building, its unit owners and their tenants are responsible for securing its contents or bringing it indoors during inclement weather. Even heavy furniture needs this attention, so that pedestrians below are protected from potentially tragic outcomes. It’s the law, and a common law responsibility. Non-resident renters, as well as the buildings, are bound by it. As for this court decision, it was not a motion on the merits of the claim, and it does not mean that the renters will be liable for the terrible injuries suffered by the plaintiff. A jury may well determine that, if there is fault, it will be apportioned, and the greater fault may be assigned to the Unit Owner, if that is who placed the chair there.
Read full articleFirst published: Feb 2022
Washing MachineBoards should consult their governing documents and ensure sufficient notice is given, and even add a day or two as a cushion. Courts will not dismiss a case if too much notice is given instead of not enough. Boards should also make every effort to resolve disputes with their shareholders so that harmonious and mutually beneficial relationships cay be maintained.
Read full article