Which Rule Rules?

Please see my recent article on Habitat.  Copyright by, and republished with permission of, Habitat Magazine.

A dustup at the Village Dunes co-op in Montauk highlights the differing standards that may govern the enforceability of decisions made by co-op boards.  Click Here For More.

 

FALL 2018 YELLOWSTONE UPDATE

In a Yellowstone proceeding, a commercial tenant applies to Supreme Court for an Order tolling the time to cure an alleged default asserted by its landlord and staying the termination of the lease and the prosecution of a summary (holdover) proceeding.  In order to obtain relief, the tenant must show that it is “ready, willing and able” to cure the default (if one is found to exist); however, the legal predicate is that the alleged default is, in fact, curable.

The following cases summarize recent Yellowstone proceedings in our Courts.  Especially noteworthy are the decisions finding that the failure to obtain and maintain insurance coverage required by the lease may not be curable; and, if not, Yellowstone relief will not be granted. Continue reading

Beware of the “Espinal” Exceptions

Documents included with offering plans (i.e. declarations, by-laws, rules and regulations, etc.) and other evidence are used to determine whether the board of a residential cooperative or condominium or the owner of an apartment is responsible to fix failures in a building system.  Keep in mind, however, that a board or managing agent may become responsible for damages (which are otherwise the obligation of the apartment owner) if they voluntarily or gratuitously inject themselves into addressing or remediating a unit owner’s problem.

Read more on the SGR blogs.