Adam Leitman Bailey Articles

Adam Leitman Bailey Articles

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Tag Archives: Co-op board member rights

When Can Condo and Co-op Boards Fine the Owners and Residents?

  • Adam Leitman Bailey, Condominium & Cooperative Board & Building Representation, Condominium & Cooperative Litigation, Condominium & Cooperative Owner & Shareholder Representation, Condominium & Cooperative Representation, John Desiderio

January 30, 2018 By Adam Leitman Bailey and John M. Desiderio Adam Leitman Bailey and John M. Desiderio review the authority given to boards of condominiums and cooperative corporations to impost and enforce respectively on condo unit owners and cooperative shareholder-tenants who violate building house rules. This article will review the authority given to boards  Full Article…

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Court Clarifies Condo Owners’ Right to Inspect

  • Adam Leitman Bailey, Condominium & Cooperative Board & Building Representation, Condominium & Cooperative Litigation, Condominium & Cooperative Representation, Condominium/Board of Managers Representation of Newly Constructed Buildings & Conversions, John Desiderio, Real Estate Litigation

December 20, 2016 By Adam Leitman Bailey and John M. Desiderio In their Condominium Law column, Adam Leitman Bailey and John Desiderio discuss the recent First Department case ‘Pomerance v. McGrath,’ in which the court has clarified the rights of condominium owners to inspect management books and records. In its 2013 decision in Pomerance v.  Full Article…

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A Burning Issue: Smoking Bans in Private Apartments?

  • Condominium & Cooperative Representation, Landlord Representation

By Hillary Pember The late 1990s saw a surge of nationwide smoking restrictions put into effect. State by state, legislation banning smoking in various settings was proposed and passed into law. With varying amounts of resistance and controversy, workplaces, shops, theaters, restaurants and bars in a growing number of cities—including New York City—all went smoke-free. More  Full Article…

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Q&A No Pets, No Parties–No Smoking?

  • Condominium & Cooperative Representation

Barbara Langdon and her boyfriend saw a loft for sale on West  15th Street right before Christmas and knew they’d found a winner.  It was in great shape and sprawled over 2,300 square feet, just what  they  wanted,  so  they  made  an  offer  for  $1.75  million  that  was  quickly accepted. “We were excited because we’d only been looking  three weeks,” Langdon remembers. Soon after, though, their broker  called  to  convey  a  fussy  bit  of  news:  The  co­op  was  entirely  nonsmoking, not just in common areas but also in the apartments.  “That  was  the  deal­breaker,”  says  Langdon—never  mind  that  she  doesn’t  smoke.  “How  dare  they  tell  me  what  to  do  in  my  own  apartment.” Apparently,  they   Full Article…

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Money (That’s What I Want),Habitat

  • Adam Leitman Bailey, Condominium & Cooperative Representation, Real Estate Administrative Proceedings/Environmental Control Board

The 16-unit East Village co-op has come a long way. Many shareholders have been there from its days as a down-and-out rental building, through its conversion to a Housing Development Fund Corporation property to the present. Now, as a strong, self-managed co-op in a hot neighborhood, the prices of apartments have skyrocketed. The shareholders are  Full Article…

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Q & A: A New Board Member Asks to See Old Minutes, The New York Times

  • Q & A

By Adam Leitman Bailey Q. I was elected to the board of my self-managed co-op. After several meetings, I asked to see the minutes of the last five years so that I could better understand the building and its management. I was told that I did not have the right to see these minutes. It  Full Article…

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Q & A: When a Co-op Files for Bankruptcy, The New York Times

  • Q & A

By Leonard Ritz Q. The finances of our co-op building are in poor shape, and we are worried the co-op corporation may end up in bankruptcy. If this occurs, what happens to the shareholders, most of whom still have outstanding mortgages?

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Q & A: How Long To Approve? The Cooperator

  • Q & A

By Adam Leitman Bailey Q. I have a one-bedroom co-op in a six –story, 78-unit building in the Bronx on the market for $53,000 and have a prospective buyer who filled out the board application and provided the financial information required by the board. After reviewing his information, the board interviewed the interested buyer in  Full Article…

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