Cooperatives

Thursday, July 21, 2016

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 apartments from being occupied when the owner is not present? One Central Park West co-op did just that, and now they are being sued by their unhappy member… Madonna. 

According to the NY Daily News, the co-op Madonna is a part of, Harperly Hall, recently changed its rules to prevent apartments from being occupied when their owner is not present. Madonna is asking a court to exempt her from the new rule so other people can live at her apartment while she is on tour, or is otherwise not present.

These Lawsuits are in “Vogue”

Madonna is not the only co-op resident in New York City and the surrounding area that is upset about rule changes.


Read more . . .


Wednesday, December 9, 2015

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 Executive Steven Bellone gave final approval by signing the bill. The new law will become effective one hundred and twenty (120) days after it has been filed in the Office of the Secretary of State. Once the law takes effect, Boards should make sure their House Rules are conformed to be consistent with the new law.


Wednesday, November 25, 2015

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 to their proprietary lease which was adopted by the shareholders. The Nassau County Legislature has already adopted the policy of prohibiting smoking in public areas of indoor facilities and indoor areas used by the public, including common areas of multiple dwellings.

On November 17, 2015, the Suffolk County Legislature unanimously approved legislation to amend Chapter 754 of the Suffolk County Code regarding Smoking. The legislation applies to “multiple dwelling buildings,” which include any property containing ten (10) or more dwelling units, such as apartment buildings, condominium complexes, senior and assisted living facilities and long-term health care facilities. Section 4 of New York’s Multiple Residence Law defines a “Multiple dwelling” as a “dwelling which is either rented, leased, let or hired out, to be occupied, or is occupied as the temporary or permanent residence or home of three or more families living independently of each other...”  It also includes “a dwelling, two or more stories in height, and with five or more boarders, roomers or lodgers residing with any one family.”

Specifically, the legislation prohibits smoking in all indoor and outdoor common areas of multiple dwelling buildings and within a fifty-foot radius of all entrances, exits and ventilation intakes to a building. “Common areas” are defined as every enclosed or unenclosed area of a multiple dwelling building that residents of more than one unit are entitled to enter or use, including but not limited to, halls, pathways, lobbies, courtyards, elevators, stairs, community rooms, playgrounds, gym facilities, swimming pools, parking garages, parking lots, grassy or landscaped areas, restrooms, laundry rooms, cooking area, eating areas and meeting rooms. Residents would continue to be allowed to smoke in their own units as long as it was not prohibited by the governing documents of the community. Violators could be fined up to Two Hundred and Fifty ($250) Dollars for each violation, and repeat offenders could face up to One Thousand ($1,000) Dollars in fines and/or six months in jail. The law was recommended as a result of the risks of second hand smoke. In fact, the resolution adopting the local law stated “This Legislature also finds that pursuant to a 2006 report, the United States Surgeon General has determined that there is no risk-free level of exposure to second hand smoke.” They also cited the “enormous costs associated with treating diseases caused by smoking.” 

While the legislature has approved the legislation, it must still be approved by the Suffolk County Executive Steven Bellone after a hearing. It is expected to be approved. The hearing, which is open to the public, is scheduled to occur on Monday, November 30, 2015 at 10:00 a.m. in the H. Lee Dennison Building in Hauppauge, New York. If the law is approved, Boards should make sure their House Rules are conformed to be consistent with the new law. The new law would become effective one hundred and twenty (120) days after it has been filed in the Office of the Secretary of State.


Monday, August 31, 2015

Welcome to our Community Association Law Blog

Welcome to our new blog. We will be periodically posting articles regarding community associations of all types, including condominiums, cooperatives  and homeowners' associations.     

If you wish to subscribe to our blog to receive automatic email updates please use the subscribe feature to the right. You can also contact our firm so that we can determine how best to serve you.






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