Tag: Business judgment rule

Q&A Medium shot of production crew cueing the team to start camera roll
2024 January Q&A: Lights, Camera, Improper Action

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…

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Real Estate Trends W 81st Street facade of The Beresford, 23-floor "pre-war" apartment building, one of the most prestigious addresses in Manhattan at 211 Central Park West, New York, NY
2023 May A History of Cooperative Housing in NYC

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,…

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Law & Legislation Facade of courthouse with columns.
Attention Board Members: Case Law Update

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…

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Insurance Protecting Board Members from Claims
Protecting Board Members from Claims

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…

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Law & Legislation Revisiting Levandusky
Revisiting Levandusky

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.…

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Q&A Q&A: Can the board remove a playground?
2017 March Q&A: Can the board remove a playground?

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…

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Board Operations The Call of Duty
2014 October The Call of Duty

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…

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Law & Legislation Applying the Business Judgment Rule
2013 February Applying the Business Judgment Rule

 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…

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