Question: Our HOA covenant is at least 25 years old and states no signs are allowed on any properties except contractors signs and realty signs. Are we able to restrict election candidate signs or is there a law that states we may not enforce that? Answer: In most...
Condominiums & Cooperatives
QUESTION/ANSWER BY JOHN H. GETTINGER, ESQ.
Question: If a by-law is changed/amended, how must homeowners received notification, and is there a grace period for it to take effect? Answer: You would need to review the homeowner's association's by-laws to determine the method by which notices to homeowners are...
Common Misunderstanding of the Use of Proxies
By: John H. Gettinger, Esq. Many of our community association clients misunderstand the use of proxies. Section 609 of the Business Corporation Law of the State of New York ("BCL") permits shareholders entitled to vote at a meeting of the shareholders to authorize...
Why Boards Should Not Ignore Bank Foreclosure Actions
Condominium and homeowners association Boards are often named as defendants and served with a summons and complaint when the holder of a first mortgage on a unit at the community association commences a foreclosure action against a unit owner. Boards typically don't...
Reasonable Accommodation or Modification Under the Federal Fair Housing Act
Under the Federal Fair Housing Act (the "Act"), community associations are prohibited from discriminating against the protected classes in the provision of services or facilities with respect to residential housing. A person who is handicapped, who suffers from a...

