Page 16 - The NY Cooperator September 2019

16 THE COOPERATOR — SEPTEMBER 2019 COOPERATOR.COM 250 Park Avenue South New York, New York 10003 212-557-3600 www.TudorRealty.com To learn more about our property management services, please contact Andrew S. Lazarus, Senior Vice President 212-813-3054 or ALazarus@TudorRealty.com Since 1990, Tudor Realty Services Corp. has been providing hands- on, proactive property management services to cooperative and condominium buildings throughout New York City. Life was simpler in 1990. New rules and regulations as well as changing echnology have certainly made managing your building t more challenging. Let us tell you how our extensive experience, team approach, strong financial reporting, and advanced use of technology will help you meet the challenge. 37966_Cooperator_5x6.25.indd 1 12/8/17 11:24 AM Providing a Full Range of Architectural & Engineering Services In-house professional expertise in: Exterior Restoration & Historic Preservation Construction Inspection Alteration Review Architectural Design Engineering: n Mechanica l n Electrical n Plumbing n Structural Energy Audits Forensic Investigation Façade Safety Inspection Program Reporting Green Design – LEED Professionals Client satisfaction assured by the active daily involvement of the firm’s principals www.lawlessmangione.com info@lawlessmangione.com 914.423.8844 BOARD OPERATIONS Removing a Condominium Owner A Complex Legal Process BY A J SIDRANSKY Removing a disruptive, abusive, non- paying, or otherwise problematic tenant proaches and nuances, a point we will re- from a rental building is relatively easy. Do- ing the same thing in a co-op is also possi- ble, though substantially harder. But remov- ing a condo owner from the premises (and strong Teasdale, a law firm based in Man- effectively wiping out his or her equity posi- tion as a member of the condominium asso- ciation) is very difficult indeed, and subject association has recourse against a unit to very narrow legal interpretation—yet is owner only for monetary defaults issues – doable under certain circumstances. While theoretically a co-op shareholder charges. Owners cannot be removed for bad could be evicted for non-monetary issues behavior. She outlines the process as follows: (prolonged patterns of harassment; cease- less petty litigation against neighbors or mon charges, the board can file a lien the cooperative corporation; and criminal against the owner’s unit. Once the lien has activity are a few examples), the same is vir- tually impossible in a condominium setting. bring an action to recover the money due, Condominiums are pure real estate, not or it can foreclose on the lien. A lawsuit to shares in a corporate entity. As a matter of recover the money due is less expensive and fact, from a legal standpoint, even the word faster than a lawsuit to foreclose the lien, but ‘eviction’ cannot be used relative to remov- ing a condo owner, though it can be applied ful in a lawsuit to recover the money due, to removing a rental tenant in a condomini- um unit—a point we will return to later. The be enforced against bank accounts or other closest we can come to a legally recogniz- able term for this type of action is a removal. Generally speaking, points of law on this marshal or sheriff – is required to enforce subject are consistent from state to state the judgment.” with only slight variations. The important distinctions relate to whether the person to foreclose the lien that is similar to a mort- being removed is the owner of a unit, or gage foreclosure action,” Schechter contin- that owner’s tenant. In both cases, laws are ues. “If the action is successful, the result consistent on the most basic matters. Some is a judgment to sell the unit and apply the states’ statutes have slightly differing ap- turn to later. Removing a Condo Owner Julie Schechter is a partner with Arm- hattan. She explains that, unlike the co- operative corporation, a condominium almost exclusively nonpayment of common “When a condominium is owed com- been filed, the board has two options: it can neither is very fast. If the board is success- it will obtain a money judgment that can assets of the unit owner. The assistance of an enforcement official – specifically a city Alternatively, “an action can be brought