Condominium Boards Archives

Mar 26, 2020

Annual Meetings and COVID-19

We have received a number of COVID-19 related inquiries from cooperative and condominium boards asking about how to deal with annual shareholder and unit owner meetings that their bylaws state should be held in the next few months. There are a number of options: The simplest, most straightforward option is to postpone holding the meeting until conditions improve and “social distancing” is no longer an issue. The NY Business Corporation Law contemplates that a corporation may fail to hold an annual meeting when required under its bylaws, and provides that, except in very special circumstances, doing so is without consequence…. Read more

Mar 24, 2020

Employment Law Updates and Best Practices for Your Building

In response to the novel coronavirus epidemic, the federal government and the State of New York have issued a number of new laws and executive orders that impact employment decisions and working conditions for employees in residential buildings. Below is a short overview of these recently passed laws and guidelines for dealing with building employees during this unique time. Because the governmental guidances and requirements are evolving and specific circumstances may vary, these are general guidelines only; consult with counsel or your HR advisor with respect to specific questions. New York’s Work-From-Home Executive Order: Employees of Businesses Providing Non-Essential Services… Read more

Oct 22, 2019

About Noise Complaints

Woman with Pillow over Ears to Cover Noise

Complaints about noise are among the most common issues faced by boards of cooperatives and condominiums in New York City. Apartments are virtually never noise-free. A decision to live in an apartment building includes tacit acknowledgment that, at times, neighbors will be heard. The question is: when does the level and nature of noise rise to the level of an impermissible nuisance? Determining the answer can be especially difficult. It is not uncommon for noise that one person believes to be unreasonable and life disruptive to be considered by another person to be customary and reasonable. The basic rule applied… Read more

Sep 11, 2019

Common Charges in Mixed-Use Condominiums

Condominium boards that operate buildings with both commercial and residential units frequently ask us for assistance in disputes involving the calculation of common charges. Determining common charges in buildings that are completely residential is typically straightforward — the board develops a budget and then divides the projected common expenses among the units based on each unit’s respective percentage of the common interest. However, in a mixed-use building where there are both commercial and residential units, the New York Condominium Act permits them to be allocated common charges differently where authorized by the condominium’s declaration and bylaws. Unfortunately, in our experience,… Read more