Q. Today shareholders at our Mitchell-Lama co-op in Queens were informed with less than 24-hours notice that there will be a film shoot taking place tomorrow on the property from 6:00 a.m. Thursday and completed 12:00 p.m. on Friday. Not…
Tag: Business judgment rule
As New York City—and the entire nation—confronts an epic housing crisis, everyone from lawmakers to activists to the private sector is struggling to figure out viable and equitable solutions. History shows us that in other tumultuous times,…
A common phrase heard in many board rooms is that the board is protected under the law by the “business judgment rule.” This legal doctrine provides a judicial deference to a board’s decision if that decision is made in good faith and with…
In the wake of a tragedy of the size and scope of the recent building collapse in Surfside, Florida, many board members in condos, co-ops, and HOAs have concerns about what liability they may assume in their administrative role. This concer…
In its latest Biography of a Building , New York Magazine profiled the iconic One Fifth Avenue, calling the 27-story Art Deco building the “downtown co-op of all downtown co-ops” and “an expression of a certain type of New York–ness.…
According to a recent press release, the Manhattan-based law firm of Schwartz Sladkus Reich Greenberg Atlas LLP (SSRGA) recently obtained the dismissal of a lawsuit brought against the board of a Brooklyn condominium by a group of unit owne…
Q. I purchased my condo unit in 2005 with amenities, including 24-hour security, two pools, a parking lot, and a children’s playground. This past summer, our board destroyed the children’s playground and made their additional parking spac…
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…
When electing board members to serve on behalf of your condo or co-op community, you expect them to act as crusaders for prosperity, considering the needs of the building and the people who live there to be paramount when making their deci…
Recently, the Appellate Division First Department, in Fletcher v. Dakota, Inc., involving a shareholder in The Dakota, a historic luxury co-op on the Upper West Side, held that the business judgment rule does not protect individual con…