Q. Can an HOA issue a proxy/ballot for voting only in advance of an annual meeting for additions to the common areas? Proxies and absentee ballots are allowed in the bylaws for such issues (not elections) but no mention of voting only in …
Q. Our association is comprised mostly of people who own both their building and the land under their building. We have a small group of people who only own their building and pay a user fee to a sponsor for the land under their building.…
Q. I live in a 64-unit condominium. The board of directors is in a lawsuit for not following its fiduciary responsibilities. The treasurer resides out of state and has all maintenance payments sent to her monthly. She then is the ONLY per…
Q. Our building currently has a couple of improvement projects underway - so do some of our residents. Should we immediately stop all such work because of the corona pandemic? A. According to Andrew Brucker, a partner with Manhattan-based …
Q. As the coronavirus/COVID-19 pandemic spreads, we're trying to keep our building and residents as safe as possible as we practice social distancing and self-quarantine as necessary. To that end, can we ban all non-residents from the build…
Q. If a resident in our building tests positive for COVID-19, or is self-quarantined, should we tell the other residents and staff? A. According to Peter Massa, an attorney with Manhattan-based law firm Armstrong Teasdale, "Residents shoul…
Q. Our building is discriminating against children. The board has just purchased very expensive lobby furniture ($6,000 per chair) with a white rug. It has now passed a rule that children must not play in the lobby. If they are “caught” p…
Q. I’d like to get the opinions of legal experts regarding boards that use the surveillance system to spy on residents they dislike, attempting to “catch” them at some behavior which may be against the building rules. So is it legal to sp…
Q. Our association stated that in compliance with the Radburn Bill, all votes must be read aloud giving the unit number and the vote. Is this mandatory now? —Wishing to Remain Silent A. “The Radburn Bill doe…
Q. My upstairs neighbor has a one-year-old toddler who's constantly running at all hours. In fact, he's running around right now and it’s not even 9:00 a.m. on a Sunday. When I come home on weeknights -- whether it's 7:30, 8:30 or 9:30 --…