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:

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?

QUESTION/ANSWER BY JOHN H. GETTINGER, ESQ.

Question:

Please help me interpret this: subject to any limitations imposed by law, by these amended Articles of Incorporation or by the Declaration, the board of director is hereby authorized to exercise, all the power of the Corp. w/o prior authorization or subsequent approval of the members of Corp.

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

Question:

When an HOA meeting has been called to vote on amending something in our CC & R's, or when this vote is part of an annual meeting, and the required percentage of homeowners needed to make a change is not obtained, can votes be acquired after the meeting (in some cases days, weeks or months after the particular meeting) and be added to what is taken at the meeting and counted towards the total vote? Or are the votes taken at the actual meeting all that can be counted?