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Search Results: adam leitman bailey (111)

Q&A: Can married couples serve on the co-op board at same time? 2019 January  

Q. Can married couples serve on the co-op board at same time?                     —Concerned Stakeholder A. “Unless specifically prohibited in the corporate documents or bylaws,” says attorney Adam Leitman Bailey of Adam Leitman Baile…

Q&A: Subleasing a Co-op

Q. A co-op owner purchased her unit in 2005 and has been subleasing it to the same tenant since 2011. The co-op board recently passed an amendment to the bylaws that states an owner cannot sublease a unit for more than two years, and it a…

Q&A: Porch as Living Space 2020 December  

Q. I live in a three-flat condo. Before I purchased the second floor, the owner of the third floor opened up the wall to the porch, enclosed the porch, and claimed it as living space. It has since been cited by the city and must come down…

Q&A: Litigious Neighbors 2021 December  

Q. What should you do as an owner if you know of a small subset of owners in your condo that keep bringing coordinated and meritless legal actions, and even make public postings about your building that could harm your own valuation? Are …

Q&A: Dangerous Mitchell-Lama Resident 2021 August  

Q. I have lived in a Mitchell-Lama co-op since 1992 and never received a copy of the complete house rules. I have been assaulted by a neighbor’s husband; he is not a tenant on record yet lives here and is a very dangerous person. Does the…

Q&A: How to handle handicapped/reserved parking? 2015 December  

Q. My question refers to how many handicapped parking spaces must reserved in a particular co-op or a condo. Is there any legal requirement to set aside a certain number of spaces? Must a multiple dwelling with parking spaces used exclusi…

The State of the Business Judgment Rule Appellate Court Rulings 2016 February  

The greatest changes in cooperative and condominium law this past year did not come from the legislature or from the courts but from the New York Attorney General’s office (NYAG).  This article will review some of those changes and the most…

Recent Changes to Co-op & Condo Laws

This past June, the New York State Legislature and Governor enacted into law a sweeping overhaul of landlord-tenant relations throughout the State; just a few days later, these same powers enacted amendments to those amendments. While relat…

Residential Building Laws & the COVID-19 Pandemic 2020 May  

Editor's note: This article is Part 1 of a two-part series from the authors examining some of the many legal questions and considerations raised by the global pandemic for co-op, condo, and HOA boards, as well as landlords and building owne…

The Pandemic, Personal Privacy & the Law

Editor's note: This article is Part 2 of a two-part series from the authors examining some of the many legal questions and considerations raised by the global pandemic for co-op, condo, and HOA boards, as well as landlords and building owne…

Q&A: Question of Ownership 2014 April  

Q On the stock certificate for our co-op, it just lists “John & Jane Smith.” Does that mean we own it “tenants by entirety” or “tenants in common?” If we want “tenants by entirety,” do we need to have it re-issued to state so? —Stockin…

Residential Leases Now Require Sprinklers 2015 January  

Effective December 3, 2014, all residential leases in New York State now require a notice to residential tenants about the presence of absence of sprinkler systems in the “leased premises.” The new law, however, while defining what a…

Q & A: Right to Inspect 2013 August  

Under New York law, does a landlord have a general right to inspect leased residential premises in the absence of a specific lease provision granting that right? Assuming no written lease, no specific agreement on the issue, and that th…

Preventing Offensive Smoke Conditions 2013 October  

To reduce their potential liability from secondhand smoke-related issues, condominium and cooperative boards and landlords or rental buildings can attempt to adopt rules and bylaws or lease terms that clearly address smoking issues. (Altho…

Fighting City Hall 2014 January  

According to a well-worn truism, "You can't fight City Hall." In the old days, that was true—particularly when it came to public works projects. If the city wanted to do it, there was no one to say 'no,' except at the ballot box, when it w…

Setting House Rules in ‘No Pet” Buildings 2014 March  

Increasingly, those who manage residential rental, cooperative, or condominium apartment dwellings in New York are learning they must walk a fine line in setting house rules that govern the ownership and acceptance of animals in their buil…

Q&A: A Board Member's Self-Interest 2010 March  

Q What do you do when a board/board member rejects you as a prospective buyer for self-serving gain? My husband and I were in contract on an apartment where we were paying in cash, had no mortgage, could easily pay the maintenance ev…

Collecting Common Charges in Co-ops and Condos 2012 May  

While for many laypeople cooperatives and condominiums are essentially interchangeable, from the legal point of view they are radically different institutions. Much of this difference can be attributed to history. Co-ops have …

The Warranty of Habitability 2013 November  

Most New York residents—and certainly most New York attorneys are aware of the Warranty of Habitability. Few may know that its origins are statutory, and fewer still care that it contradicts common law, but most would be surprised by the t…

Q&A: Setting Aside Accessible Parking 2014 August  

Q Who owns the handicapped parking spaces set aside in the parking facility of a newly constructed condominium? —Keeping it Accessible in Kings County A “Sponsors of newly constructed condominiums are responsible for creating th…

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