By Adam Leitman Bailey Q. My question is pretty straightforward: can a board member hold both the title of president and secretary concurrently? Article VI Paragraph 1 of our bylaws, entitled “Officers” states that “The officers of the Corporation shall be a President, one or more Vice Presidents, a Secretary, and a Treasurer” but our Full Article…
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Q & A: Shareholder Preventing Sale, The Cooperator
By Adam Leitman Bailey Q. We have a shareholder who has posted notices around our co-op that condemn the co-op and the board. They are in plain view of potential buyers. When the buyers read these notices, they refuse to even look at the available unit that we have. The real estate agent is embarrassed Full Article…
Q & A: Conservative Easements, The Cooperator
By Guy Arad Q. What is a conservation easement? What are the tax advantages to a conservation easement? Can a condo or co-op vote to place a conservation easement? — Curious in New York A. According to Guy Arad, Esq. of the Law Offices of Adam Leitman Bailey, P.C. in Manhattan: “An easement is a Full Article…
Q & A: When Maintenance Is Long in Arrears, The New York Times
By Dov Treiman Q. I was fascinated by the response to a question in this column on Jan. 15, about the circumstances under which elderly tenants can break a lease. In our co-op in Queens there has been an ongoing dispute between the board and the son of a shareholder who is in a nursing Full Article…
Q & A: Adding ‘Partners’ to Co-op Shares, The New York Times
By Adam Leitman Bailey Q. What rights does being registered as “domestic partners” in New York City convey in regard to real estate? I moved into my partner’s co-op five years ago, but the board refuses to add my name to the shares and proprietary lease.
Q & A: Roommate Law vs. Co-op Board Rules, The New York Times
By Adam Leitman Bailey Q. I live in a self-managed co-op, and we are getting conflicting information about whether co-ops can prohibit roommates. What is the law? A. Adam Leitman Bailey, a Manhattan real estate lawyer, says the state’s roommate law allows any tenant who has a lease to have a roommate — including the Full Article…
Q & A: Aggressive Board Clamps Down On Unapproved Tenant, The Cooperator
Q. I am a non-resident owner in a 10 unit co-op in Manhattan. I have been renting out my unit for the past 7 years. Recently, while I was away from the country on work, my son inadvertently rented my apartment to a tenant without first getting board approval. I know we violated co-op board Full Article…
Q & A: Renting and Owning in the Same Building, The New York Times
By Adam Leitman Bailey Q. Is it legal to live in a rent-stabilized apartment and to also own a co-op in the same building? A. “It is perfectly legal,” said Adam Leitman Bailey, a Manhattan real estate lawyer, “Where the writer could run into problems is with the doctrine of primary residence.” He said there Full Article…
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