Shapiro Gettinger Waldinger & Monteleone, LLP
Call now to begin a consultation
914-595-1468
  • Facebook
  • Twitter
  • Linked In
  • Google Plus

Westchester County, NY Real Estate Law Blog

QUESTION/ANSWER BY JOHN H. GETTINGER, ESQ.

Question:

I am a manager. Increasingly myself and staff are asked to unethical behavior (not illegal). I am currently in a position where I must report all communications with certain residents to the president before responding. Sometimes I am not allowed to respond (to even basic requests). I would be fired in the heartbeat if I do not tow the line. Do I have any recourse?

QUESTION/ANSWER BY JOHN H. GETTINGER, ESQ.

Question:

Our association has a heated election every year. One of the candidates running in a recent election was given an owner's proxy, which they put in the ballot box. However, that owner passed away between the time of giving the proxy and the annual meeting of election. Does that proxy still count as a vote, seeing how the unit owner was deceased by the election date?

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

Question:

In a Cooperative the Proprietary Lease allows the Board of Directors to adopt House Rules. If there is no reference to fines or any other monetary issues regarding same may the Board institute a range of fines for House Rules that shareholders have not corrected after warning letter. What about if in By-laws?

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

I voted against the president of our management company also serving as treasurer. The management company does a great job but this seems not advisable. Am I wrong?

Answer:

It depends. The first thing you need to do is review your by-laws to determine if the president of your management company (the "Managing Agent") is qualified to serve as an officer and director. Typically, officers are required to be members of the Board and members of the Board are required to be home owners. As such, you need to determine if the Managing Agent is qualified to fill either position.

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

Question:

A resident is claiming the Association does not own the airspace above your Association. He claims as long as the drone does not take off from common property we have no authority over its use. Therefore, he can fly the drone from within his unit's backyard, but not have it take-off or land there. These drones are annoying, can we stop?

QUESTION/ANSWER BY JOHN H. GETTINGER, ESQ.

Question:

We're an Association of attached town homes. We (the Board) want to pass that, to become and remain a Board Member, homeowners cannot be delinquent on their association dues 2 or more times within 12 consecutive months. Some of our Board believes this would be illegal. If correct, is it something we could put forth to all homeowners to vote on?