One of the questions I am frequently asked by my community association clients is whether they can restrict rentals by either (1) requiring a minimum lease term, (2) prohibiting rentals for a certain period of time after an owner purchases (for example, one year), (3) setting a maximum number of […]
In the latest issue of Co-op & Condo Case Law Tracker, Becker New York Shareholder Steven S. Anderson analyzes a recent Manhattan condominium defect decision (ADAMS V. BESPOKE HARLEM W., LLC) highlighting the high pleading bar for fraud and fiduciary duty claims while allowing breach of contract and injunctive relief […]
Q: I understand that the U.S. Postal Service has recently changed how it applies postmarks to mail. How does this change apply to condominium associations, and should associations change their mailing practices? (W.F., via e-mail) A: Yes, the United States Postal Service recently adopted the final version of FR Doc. […]
Becker Shareholder Jennifer Karnes provided insight in the Real Estate section of The New York Times on how cooperative boards should respond when conflicts between residents escalate into alleged assaults. The article explains the legal standards governing “objectionable conduct,” the importance of evidence before taking disciplinary action, and the potential […]
Conflicts of interest transactions remain one of the most complicated and misunderstood aspects of community association governance in Florida. While the term itself often carries a negative connotation, Florida law does not treat every conflict as improper, so long as the proper disclosures and procedures are followed. Florida Statutes Chapters […]
