Category: Q&A

Q I am a shareholder in a Westchester County 73-unit cooperative, two of which are commercial units generating approximately two percent of the co-op’s income. The president of our five-member board of directors has been president for o…

Q The president of our 75-unit co-op instructed the management company and the superintendent to knock on each shareholder's door and ask for their proxy. The president was up for re-election and wanted to secure his position. The co-op i…

Q Can we have a superintendent on the board of directors although he is not a shareholder? Is this a conflict of interest? What are the pros and cons of an employee being on the board? —Confused & Conflicted A “There is no pro…

Q I am on the board of a cooperative building in New York City. We have recently received two requests from shareholders looking to borrow additional funds by taking out a second loan, (in each case an equity line of credit arrangement) t…

Q We have a number of apartments in our condominium where owners have not paid maintenance for a few months. As our condo is in the process of legal action and collection against these owners, can we stop their access to the apartment unt…

Q Our board of managers want to replace the terraces in our condominium without the consent of the unit owners that have them. If you look at Real Property Law, Article 9-b of the Condominium Act, Section 339-i, Common Elements, u…

Q I have a question regarding running for the board of directors, particularly the election rules. Can shareholders submit a candidate filing form after the filing deadline? The form was posted and the date has passed. Can the board accep…

Q I own an apartment in a building that was constructed in 1889. The floors in the apartment slope as the building has settled over the years. Recently, the bathroom floor has cracked and is showing signs of sinking. I’m afraid the suppor…

Q There is a question in my building as to whether or not a new homeowner is responsible for paying an assessment that was extended by the HOA board before the transaction was completed. The previous homeowner paid the two-year assessment…

Q Our condominium board of managers is planning to replace all the terraces in our condo, claiming they are common elements. Is that correct, or is each terrace the property of the unit owner? Should all the unit owners be assessed or onl…