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Category: Q&A

Q&A Q&A: Mitigating Noise with Flooring
2014 March Q&A: Mitigating Noise with Flooring

Q My family is a shareholder of one of eight apartments in a small Brooklyn co-op. The apartment directly above ours was sublet to a family in 1997 that signed an agreement specified by the board of directors requiring the apartment to ha…

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Q&A Q&A: No Election, No Quorum?
2014 February Q&A: No Election, No Quorum?

What happens when there is no quorum at a shareholders meeting and therefore there is no election for new board members? The same board has remained in my co-op for many, many years without a chance for us to vote them out. Isn't there a la…

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Q&A Q&A: When Someone Is Refused Ownership
2014 February Q&A: When Someone Is Refused Ownership

My son-in-law inherited his father's co-op in Manhattan. For two years he's been paying the upkeep charges without being able to live there, yet has been refused "ownership" by the co-op board. He has a considerable amount of cash available…

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Q&A Q&A: Non-Owner Residential Status
2014 February Q&A: Non-Owner Residential Status

Q Can a non-owner's spouse remain in a co-op apartment when the shareholder spouse vacates the marital residence but the parties remain husband and wife? —In Name Only A “The short answer to this inquiry is that it depends upon …

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Q&A Q&A: A Conflict of Interest?
2014 January Q&A: A Conflict of Interest?

I am the president of a board of managers where a member of the board is also a realtor. He manages units in the condo and owns two of the units. Just wondering—is this a conflict of interest? —Brokering in Brooklyn “Clearly, there…

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Q&A Q&A: Subletting Situation
2014 January Q&A: Subletting Situation

I teach real estate licensing and continuing education courses at New York University and Long Island University. My question is with regard to Form 86, co-op sublets. It is my understanding that New York State law allows a tenant named on …

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Q&A Q&A: Confidential Condominium
2014 January Q&A: Confidential Condominium

Q For the past few years, the condominium board and management has consistently denied me my bylaw rights to audit and inspect the books of the condominium. What action can I take? —Righteous in Riverdale A “Most condominium byl…

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Q&A Q&A: How Hot is It?
2013 December Q&A: How Hot is It?

The New York City rules for heating are confusing. For example, from 10:00 p.m. to 6:00 a.m., if the outdoor temperature is below 40 degrees, the indoor temperature must be at least 55 degrees. Taken literally, this means that if the outdoo…

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Q&A Q&A: Who's got the Power
2013 December Q&A: Who's got the Power

Q If the majority of board members pass a motion, and the president or other members of the board decide to ignore the majority's vote and proceed in opposition to their directive, what recourse do the board members have? Is there anythin…

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Q&A Q&A: Assembling Peaceably
2013 November Q&A: Assembling Peaceably

Q When is a Place of Assembly Permit required for the private common areas (for example a roof, lobby or basement) of a cooperative building? Particularly when those areas are used for many shareholders and residents to assemble for annua…

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