Because literacy is nice? Well, sure, but more than that, when you have a problem with your Board, you want a lawyer who can read — and understand — the rules governing the Board. For a condominium, the rules are in the recorded declaration of condominium and by-laws, which have to comply with the New York Condominium Act. For a cooperative, the rules are in the corporation by-laws and the proprietary lease with each shareholder/apartment owner, which have to comply with the New York Business Corporation Law. Continue reading
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Tagged Andrew Weltchek, board, condo, coop, literacy, new york, New York City Administrative Code, NYC, NYC Real Estate, reading, real estate, Real Estate Attorney, Weltchek Law
What if my condo Board tells me I have to design new windows for the entire building?
They can’t really do that, can they?
Well, it happened to a client of mine. Here’s what we did. Continue reading
There’s nothing wrong with your managing agent except that the business is so tough.
Think about it. Board members for condos & coops are amateurs mostly and under pressure from their fellow apartment owners to save money. They know how much they are paying their managing agent, but they can’t really judge the service they’re getting. Continue reading
Maybe you don’t have problems with your Board. Maybe you’re lucky. But then you are in the minority. Almost everyone who owns an apartment in NYC or knows someone who owns an apartment in NYC — meaning pretty much everyone in NYC — has problems with their Board or has heard about such problems. Continue reading
You own the building. Your lease might say that the store tenant has to pay for everything, including handicapped access. But the Americans with Disabilities Act makes both of you responsible and leaves it to the two of you to sort out the cost between yourselves. That’s why you have a lease, among other reasons. Continue reading
He can’t do that, can he? Well, yes he can sometimes, although never permanently. But the good news is, he has to pay you and probably your lawyer too. Continue reading
Once upon a time, that is before 1976, the New York City Dept. of Buildings largely ignored balcony enclosures in high-rise buildings. You could turn your balcony into a greenhouse or even an extension of your living room and nobody would care — mostly. And nobody knows how many people did it either. Continue reading
No one likes getting sued. Period. And if you think the plaintiffs are just pursuing a hustle it can make you even angrier. That’s how restaurant owners and landlords often feel about being sued by disabled plaintiffs — especially if they are serial plaintiffs. That is, if they’ve sued other restaurants — and gotten their legal fees paid by the defendants — because the front steps are too high, or the bathroom is downstairs, or the tables are too low, or whatever violates the Americans with Disabilities Act. Continue reading
Because he can’t stop you from setting up your scaffold on his property if that’s the only way to finish your job—and you are willing to pay him. It’s a trade-off. This is New York City, after all. Sometimes—in fact lots of times— the only way to work on your building is to set up on your neighbor’s property. Continue reading
Yes you do. If you own real estate in New York City, you have problems. Your boiler breaks down. Your basement gets flooded. Your contractor screws up. Your neighbor sues you. You and your commercial tenant get sued to provide handicapped access. Your neighbor won’t let you put up a scaffold to fix your wall. Your condo board won’t let you see its financial records. The list goes on. Continue reading