Skilled Legal Guidance For Community Boards In Westchester County And The Lower Hudson Valley

Owning a home in a condominium, homeowners association or cooperative (Community Association) is quite different from owning a single-family residence. Homeowners in a Community Association give up some of their personal freedoms and agree to abide by the Community Association’s bylaws, rules and regulations. They also give up their right to manage and operate the property in which their homes are located, giving this right to a governing board which is elected by the homeowners.

Advising these boards (which consist of owners who volunteer their time to manage the common elements) on the intricacies of unit owners’ rights and responsibilities is of vital importance to the Community Association law attorneys of Gettinger Waldinger Monteleone Gushue & Hollis, LLP. We are knowledgeable in this specialized and unique area of the law and stand ready to advise boards and their managing agents as issues arise. Having represented well over 100 boards through more than 30 years, we are prepared to efficiently provide practical solutions to the frequently recurring issues arising from Community Association living.

Select A Knowledgeable Community Association Lawyer

At Gettinger Waldinger Monteleone Gushue & Hollis, LLP, our experienced and accessible lawyers assist boards of , homeowners associations and cooperatives and their managing agents on a wide variety of legal matters, including:

• Guidance Concerning Governance
  • Providing practical, day-to-day guidance to boards on all aspects of governance
  • Coordinating and supporting board elections, including preparing notices, proxies, and ballots for annual and special meetings, and attending those meetings to ensure a smooth process
  • Interpretation and analysis of the declaration, bylaws, rules and regulations of the community
  • Amendment and enforcement of declarations, bylaws, rules and regulations
  • Assisting boards with developing governance policies
• Collection Services
  • Collection of outstanding common charges and assessments
  • Filings and foreclosures of liens for outstanding common charges and assessments
• Litigation Services
  • Actions against sponsors/developers for breach of warranty or defective construction
  • Defense of discrimination and Fair Housing Act claims, personal injury actions
  • Analysis and litigation of insurance coverage issues
• Transaction Services
  • Preparation of easements and licenses
  • Negotiation and drafting of contracts with vendors
  • Financing of capital repair and replacement projects
  • Creating or amending proprietary leases
  • Applications for refinance
• Function as a cooperative transfer agent
• Dispute resolution

No matter the issue you are dealing with, we are ready to put our over 50 years of practice to work for you. Discover how we can help you address your community association disputes by calling us at 914-595-1468.

We offer accessible legal counsel and representation for condominium boards, co-ops and HOAs. Depending on the issue, we work independently or as a team to resolve your issue in the most cost- and time-efficient manner.

What Fiduciary Duties Do HOA And Condominium Board Members Have In New York?

New York board members owe three main duties when acting for the association. These duties guide your choices and use of power. They are:

• The duty of care: Review the facts, ask fair questions and make informed choices.
• The duty of loyalty: Put the association first, avoid conflicts and refuse personal gain.
• The duty to act in good faith: Use board power honestly, follow the rules and act for the association.

These duties matter because board choices can affect every owner across Westchester County and the Lower Hudson Valley. Clear legal guidance can help your board spot risks. Our lawyers help boards set practices, keep records and address concerns, and we defend boards when an owner claims a breach.

How Can Community Associations Enforce Rules While Avoiding Selective Enforcement Claims?

Your board can reduce the risk of selective enforcement claims by applying its rules through a fair and consistent process. A claim may arise when residents in similar circumstances receive different treatment under the same rule, which can expose the association to legal disputes or liability.

A clear enforcement process helps your board explain and support each decision. Written procedures should outline how violations are identified, reviewed and addressed. Your board should document the issue, provide proper notice and allow any hearing or response required by the governing documents. It should also apply comparable standards when similar violations occur. We advise Westchester County boards on establishing and following these procedures so enforcement decisions remain consistent, well-documented and easier to defend.

Our Westchester County Community Association Lawyers Can Advise Boards On Short-Term Rentals, Open Meeting Requirements And Evolving Legal Issues

Your board may face issues with short-term rentals and board meetings. If your association wants to limit Airbnb or similar rentals, its governing documents should state what owners may do. Your board should review state or local rules that apply.

Meeting rules differ by association type and governing documents. Your board should review those rules before changing how meetings are noticed or held. Our condominium and association lawyers help boards review these issues, update policies and prepare for legal changes. This guidance helps your board act early rather than wait for a formal dispute.

The Resolution And Guidance Your Board, Association Or Co-Op Needs

At Gettinger Waldinger Monteleone Gushue & Hollis, LLP, we understand New York condominium law. Our team of attorneys is prepared to help. Call 914-595-1468 or send a brief email regarding your issue, and we will respond promptly. We take cases across the Lower Hudson Valley.