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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 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?

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

By John Gettinger, Esq. of Shapiro Gettinger Waldinger & Monteleone, LLP posted in Condominiums & Cooperatives on Monday, February 11, 2019.

Question:

We have an investor who is very behind in maintenance fees. We'd like to take away his tenant's parking in our garage and not allow them to valet park also. This would make it very difficult for them to live here. May we impose these restrictions on an owner's tenant?

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

By John Gettinger, Esq. of Shapiro Gettinger Waldinger & Monteleone, LLP posted in Condominiums & Cooperatives on Tuesday, January 8, 2019.

Question:

Our condo master deed and rules don't get into specifics of flooring types. A ceramic floor was installed improperly, and the board receives complaints from the resident under the unit. I have heard the noise and it's terrible. The resident who had the floor installed has no interest in this issue. As a board what should or what can we do? The resident underneath is a great, long time resident.

QUESTION/ANSWER BY JOHN H. GETTINGER, ESQ.

By Andrea Arrigoni of Shapiro Gettinger Waldinger & Monteleone, LLP on Thursday, January 3, 2019.

Question:

A fellow board member in my opinion has been treating one of our residents unfairly. It does not go beyond illegal activity, but it is close. This resident has reported the board member to the local authorities and management company. Expressing my opinion unofficially to the board member has not provided this resident any relief. What else can I do in my official and unofficial capacity, and am I putting the association at risk by taking or not taking action?

QUESTION/ANSWER BY JOHN H. GETTINGER, ESQ.

By John Gettinger, Esq. of Shapiro Gettinger Waldinger & Monteleone, LLP posted in Condominiums & Cooperatives on Monday, November 26, 2018.

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?