Search Results: adam leitman bailey (100)

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: 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…

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: 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…

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…

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: 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…

Lessons from SuperStorm Sandy 2014 April  

Most buildings in flood zone areas already maintained flood insurance as a result of lender requirements and therefore were covered by Sandy. The biggest surprise was those persons who use their homes as home offices or the building rents …

Handling Second-Hand Smoke Complaints 2013 June  

 Some of the most intense combat occurring in modern times is not that which has  taken place on battlefields, such as at Normandy, Pork Chop Hill, or in the la  Drang Valley, or currently in the mountains of Afghanistan, but rather in the…

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…

Applying the Business Judgment Rule 2013 February  

 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…

Appellate Division Rules on Commercial Leasing 2012 January  

 Many times, cooperatives and condominiums have commercial retail spaces  connected to or below their building. These are immensely valuable as a result of the income generated by these stores  and restaurants. Ergo, the importance of a ne…

Q&A:Can Co-ops Allow Roommates? 2010 August  

Q I live in a self-managed co-op and we are getting conflicting information about whether co-ops can disallow roommates or not. We've heard that the board of directors has absolute decision making power over whether or not to allow room…

Q&A: One Good Reason 2006 Oct  

Q When an applicant applies to buy into a co-op and pays the high application fee, yet is denied by the board, shouldn’t they be given a reason why they were rejected? I feel strongly that the board is wrong in turning someone away with…

Q&A: How Long To Approve 2006 Aug  

Q I have a one-bedroom co-op in a six –story, 78-unit building in the Bronx on the market for $53,000 and have a prospective buyer who filled out the board application and provided the financial information required by the board. After …

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