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Westchester County, NY Real Estate Law Blog

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

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.

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.

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.

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.