In a case called Hubbard vs. Samson Management, the critical issue was whether a co-op or condo board must offer a free parking space close to the home of a disabled person who has difficulty walking. The plaintiff in this case, Sarah Hubbard, rented an apartment at Sleepy Hollow Gardens, an apartment...
What to Know About New York’s New Anti-AirBNB Law
We likely all know someone who scored a great deal on a far-off getaway using AirBNB.com. The website, which is wildly popular both in the U.S. and abroad, helps match potential short-term renters with a suitable home, condo or apartment. While the process seems to work fine for beachgoers and those seeking...
Can the HOA Limit or Prohibit Election Signage in the Front Yard?
This election season is one of the most contentious in recent memory, and Americans are by and large sharply divided on their Presidential candidate allegiance – or, not sure at all. The First Amendment provides explicit protections for those wishing to voice their opinion on the various issues, and of course allows for...
What to do When a Resident Doesn’t like Your Co-Ops New Rules
What would you do if a member of your co-op was allowing friends, family members, and guests to stay at their apartment while they were away on long business trips? What if that member’s residence had been the subject of noise complaints in the past? Would you change the rules to prevent...
New York Court Renders Decision on Pivotal Manhattan Condominium Association Case Involving Construction Defects
In 2015, the New York Supreme Court ruled against a construction company seeking to escape liability for building-wide defects, premising its argument on the existence of a catch-all release form signed by the company, the property management outfit, and the building’s condominium association.
As a bit of background, the...
What’s All the Racket?: Handling Noise Complaints & Setting Sound Guidelines
What are the best practices for a condominium association dealing with noise complaints?
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When it comes to living in a condominium, it is not always easy to keep noise levels at a minimum – particularly given the fact that residents share a wall and a hallway. However, there is...
Lawsuit Filed Alleging Parking Discrimination by Condominium Association
How can we ensure ADA compliance within our condominium’s common areas?
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The Americans with Disabilities Act (ADA) was enacted in 1992 and has since undergone several amendments to broaden its scope and further hone its applicability. At its inception, one of the main targets of the ADA was...
SUFFOLK COUNTY NO SMOKING LAW OBTAINS FINAL APPROVAL By: Marc H. Schneider, Esq.
As we previously advised you, the Suffolk County Legislature unanimously approved legislation prohibiting smoking in all indoor and outdoor common areas of multiple dwelling buildings (which include Co-ops and Condominiums) and within a fifty-foot radius of all entrances, exits and ventilation intakes to a building. On December 7, 2015, the Suffolk County...
Suffolk County Smoking Regulations at Multiple Dwellings – November 30, 2015 by Marc H. Schneider, Esq.
Suffolk County appears to be formalizing the policy that many Co-ops our firm represents already have–to eliminate smoking in the common areas. In fact, many Co-ops our firm represents have taken it one step further in that they have actually banned smoking inside the apartments as well by virtue of an amendment...
“The Cat is out of the Bag” by Marc H. Schneider, Esq.
Is it a crime to ignore stray animals as you pass them by? That is what a Staten Island woman named Dorothy Lee tried to argue to a Judge in a Richmond County Civil Court after Lee’s sister, a Unit Owner of a Condominium, was fined for Lee’s feeding of feral cats...