Neighbor disputes, often noise-related, can be resolved through mediation, preventing lengthy and costly litigation. Quick, private agreements benefit all parties.
Neighbor disputes, often noise-related, can be resolved through mediation, preventing lengthy and costly litigation. Quick, private agreements benefit all parties.
Discovery in litigation involves gathering evidence, including documents, emails, and witness information. Boards play a crucial role in providing information.
Co-ops require alteration agreements for apartment changes, but future owners may not be aware. Assumption agreements at closings ensure responsibility clarity.
Condos use fines and court orders for rule violations, while co-ops can terminate leases and evict shareholders for violations.
Boards face challenges with shareholder alterations, especially for major changes. Consistency in approvals and clear communication help prevent legal issues.
A condo board faced legal trouble for installing cellphone towers without notifying unit-owners. Boards should notify owners, even if legally allowed.
Eviction in co-ops involves nonpayment or objectionable behavior. Monetary issues with a recognition agreement are straightforward, but behavior cases are contentious.
Housing cooperative ownership has variations like tenants in common, joint tenants, or tenants by the entirety, impacting rights of survivorship.
Boards' decisions, protected by the business judgment rule, face challenges. Local Law 97 compliance decisions, if reasonable, may be protected.
Co-ops can recover legal fees when suing defaulting shareholders; in condos, this is uncommon. Board insurance covers defense in lawsuits.