How Long Do You Have to Sue Your Coop Board? Not Long — Maybe.

How Long Do You Have to Sue Your Coop Board? Not Long — Maybe. by Andrew WeltchekIf you think your coop board has done you wrong, watch the clock. You might have only four months to sue. See for example the decision of the Appellate Division First Dept. in Musey v. 425 East 86 Apts. Corp. Continue reading

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My Neighbor Is a Nut Who Keeps Suing Me. What Can I Do?

My Neighbor Is a Nut Who Keeps Suing Me. What Can I Do? by Andrew WeltchekSome people seem to make a hobby of tormenting their neighbors with baseless lawsuits. The worst offenders are often people who do it without lawyers—or even worse, are lawyers representing themselves. Continue reading

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Don’t Let The Offering Plan Fool You!

Don’t Let The Offering Plan Fool You! by Andrew WeltchekWhen you have a problem with the Board of your condominium or coop, 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 must 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 must comply with the New York Business Corporation Law. Continue reading

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Whoa! Don’t Let Your Board Tell You to Design New Windows for the Whole Building!

Whoa! Don't Let Your Board Tell You to Design New Windows for the Whole Building! by Andrew WeltchekWhat 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

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How to Get Help with Your Managing Agent

How to Get Help with Your Managing Agent by Andrew WeltchekThere’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

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Getting Help with Your Board

Getting Help with Your Board by Andrew WeltchekMaybe 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

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Don’t Get Stuck When You and Your Store Tenant Get Sued Because the Tenant Doesn’t Make His Space Accessible to Disabled People

Don't Get Stuck When You and Your Store Tenant Get Sued Because the Tenant Doesn't Make his Space Accessible to Disabled People by Andrew WeltchekYou 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

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When Your Neighbor Sues You to Use Your Yard He Will Have to Pay You!

Wait a Minute? My Neighbor is Suing Me to Use My Yard? by Andrew WeltchekHe 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

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Don’t Let that Greenhouse Fall Out of the Sky!

Don’t Let that Greenhouse Fall Out of the Sky! by Andrew WeltchekOnce 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

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One Man’s ADA Troll is Another Man’s Civil Rights Activist

One Man’s ADA Troll is Another Man’s Civil Rights Activist by Andrew WeltchekNo 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

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