Using Local Ties And Legal Insight To Advocate Client Interests.
Question: Our subdivision has a homeowner who is sometimes threatening to others. The police has been involved. What are the obligations of the Homeowners Association related to this problem neighbor? Answer: When confronted with such a situation, most of our...
Question: We live in a private residency (a non-profit) where roads fees are collected to maintain the dirt/gravel roads & snowplow. We have posted signs to our community. Private; private drive, no trespassing. Do we need liability insurance? Answer: Yes,...
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...
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...
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...
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...
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...