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Westchester County, NY Real Estate Law Blog

QUESTION/ANSWER BY: JOHN H. GETTINGER, ESQ.

By John Gettinger, Esq. of Shapiro Gettinger Waldinger & Monteleone, LLP posted in Condominiums & Cooperatives on Thursday, September 24, 2020.

Question:

Can non-55+ communities require adults or guardians to be present for children under 15 to utilize the pool, clubhouse etc.?

Answer:

Rules with these type of requirements violate the Fair Housing Act (the "FHA") which prohibits, among other things, discrimination on the basis of familiar status. Under the FHA, the familiar status discrimination occurs when a homeowner's association treats someone differently because they have a family with one or more individuals who are under 18 years of age. Rules that unreasonably restrict children or limit their ability to use the common facilities at the property violate the FHA.

By John Gettinger, Esq. of Shapiro Gettinger Waldinger & Monteleone, LLP on Monday, June 10, 2019.

MT. KISCO LITTLE LEAGUE

QUESTION/ANSWER BY: JOHN H. GETTINGER, ESQ.

By John Gettinger, Esq. of Shapiro Gettinger Waldinger & Monteleone, LLP posted in Condominiums & Cooperatives on Thursday, June 6, 2019.

Question:

Our association does not allow pets. But, of course we must allow service dogs of which it seems everyone has one nowadays. May we fine owners who allow their service dogs to urinate or defecate on common ground whether or not they pick it up? It still leaves a residue.

 

QUESTION/ANSWER BY: JOHN H. GETTINGER, ESQ.

By John Gettinger, Esq. of Shapiro Gettinger Waldinger & Monteleone, LLP posted in Condominiums & Cooperatives on Monday, April 15, 2019.

Question:

Some members of our board want to make a resolution limiting the number of dogs each unit owner can have two dogs. However, the majority of board members say this can't be done, because it goes against our bylaws. I read our bylaws, and it is stated that those with pets must abide by certain set of rules, but there is no mention of the number of dogs or pets each unit owner can have. Does this mean that this limitation on the number of dogs or pets can only be implemented through a bylaw change?

QUESTION/ANSWER BY: JOHN H. GETTINGER, ESQ.

By John Gettinger, Esq. of Shapiro Gettinger Waldinger & Monteleone, LLP posted in Condominiums & Cooperatives on Monday, April 1, 2019.

Question:

The President resigned and Board nominated me for the position and that position and I accepted. Question "I will now be both President and treasurer at the same time." I think this is a conflict of interest and must resigned my position as treasurer.

QUESTION/ANSWER BY: JOHN H. GETTINGER, ESQ.

By John Gettinger, Esq. of Shapiro Gettinger Waldinger & Monteleone, LLP posted in Condominiums & Cooperatives on Thursday, March 7, 2019.

Question:

We cannot get a quorum for annual meeting. We are required to have an annual meeting. We did a vote with owners in attendance and voted to not attempt another annual meeting until next year. Some are saying improper. What else can we do?

Answer:

If you do not have a quorum at the annual meeting, the meeting should be held as an "informational" meeting. The meeting can proceed in accordance with the agenda, and all reports of officers can be given, except that no action can be taken by the homeowners. As such, in the event that there are board members whose terms may be expiring, the homeowners may not elect their successors. Instead, those board members will continue to serve until their successors are elected and qualified.

QUESTION/ANSWER BY: JOHN H. GETTINGER, ESQ.

By John Gettinger, Esq. of Shapiro Gettinger Waldinger & Monteleone, LLP posted in Condominiums & Cooperatives on Wednesday, February 27, 2019.

Question:

I am the president of a condo association. Our building does not allow short term rentals. A fellow board member asked if the board would allow them to do a three month summer rental, which we advised them that they can not. The following day they listed the unit with a realtor for a 3 month summer rental. After pressure from the board they removed the listing. The same board member owns a contracting company, recently a unit they were working on violated condo policy and was staging debris in the hallway. The majority of the board decided to fine the unit owner. Is there any legal perspective that these actions would warrant removal from the board?