Eva Talel

October 31, 2017 | New York Law Journal

In her Cooperatives and Condominiums column, Eva Talel discusses recent New York City legislation which imposes on residential landlords and boards the obligation to adopt a smoking policy within one-year, and federal legislation which requires public housing agencies to implement a smoke-free policy banning the use of prohibited tobacco products in public housing apartments and adjacent outdoor space by mid-2018. She also provides guidance to boards and managers as to how to establish the required policy and also limit the proliferation of SHS in co-op and condominium buildings.

By Eva Talel

8 minute read

September 05, 2017 | New York Law Journal

Cooperatives and Condominiums columnists Eva Talel and Richard Siegler discuss the significant deterrents to converting co-ops to condominiums, in the hope that, for these co-op buildings which desire to do so, solutions can be found to remove the economic uncertainty (and therefore risk) which generally deters even consideration of such conversions.

By Eva Talel and Richard Siegler

21 minute read

July 03, 2017 | New York Law Journal

In their Cooperatives and Condominiums column, Eva Talel and Richard Siegler examine the duty of care, the business judgment rule, the definition of an interested director and safe harbor provisions that can save a transaction from being successfully challenged when a co-op/condo board director brokered a transaction for the sale of an apartment in the building, which transaction the board is evaluating.

By Eva Talel and Richard Siegler

24 minute read

May 02, 2017 | New York Law Journal

In their Cooperatives and Condominiums column, Eva Talel and Richard Siegler write: One common mistake made by co-op apartment owners when they sell their apartments is not adjusting the apartment's tax basis to account for payments made by the owner to the co-op (typically, by a special assessment imposed by the corporation) which is used for capital improvements to the building. These adjustments can significantly reduce shareholders' tax bills in the event of a sale, especially for those who have owned their apartments for a long time.

By Eva Talel and Richard Siegler

14 minute read

February 28, 2017 | New York Law Journal

In their Cooperatives and Condominiums column, Eva Talel and Richard Siegler write: Repairs, code compliance and development frequently require an owner to enter on to a neighbor's property. All is well if the neighbors can agree on the conditions of an owner's entry, but what happens when these neighbors cannot come to an agreement?

By Eva Talel and Richard Siegler

21 minute read

January 03, 2017 | New York Law Journal

In their Cooperatives and Condominiums column, Eva Talel and Richard Siegler examine the legal ramifications of imposing monetary charges, such as late fees, interest and the like, for non-payment or late payment of proprietary rent (maintenance) or common charges. They also discuss the statute and case law relating to New York criminal usury, as they may apply to such charges, and analyze recent case law addressing potential defamation claims if the names of owners in default are published, made public or otherwise disclosed.

By Eva Talel and Richard Siegler

22 minute read

November 01, 2016 | New York Law Journal

Cooperatives and Condominiums columnists Eva Talel and Richard Siegler examine cases on the statutory warranty of habitability which is non-waivable and requires that residential tenants be provided with the essential functions of a residence and not be exposed to conditions that are dangerous, hazardous or detrimental to their life, health or safety. Their column analyzes how secondhand smoke, mold, bedbugs and other circumstances impact the courts' application of the warranty of habitability.

By Eva Talel and Richard Siegler

21 minute read

September 07, 2016 | New York Law Journal

In their Cooperatives and Condominiums column, Eva Talel and Richard Siegler examine the conflicts that often arise in a foreclosure proceeding, as between a condominium association seeking to recoup unpaid common charges, and a unit owner's lender attempting to maximize the amount of and recover its first mortgage of record—all in light of significant recent case law.

By Eva Talel and Richard Siegler

23 minute read

July 06, 2016 | New York Law Journal

In their Cooperatives and Condominiums column, Eva Talel and Richard Siegler discuss the rights of apartment owners to access business records; common law requirement that an owner's request for inspection must be made in good faith and for a proper purpose; and implications and recommendations for boards and managers in addressing apartment owner requests for access to records.

By Eva Talel and Richard Siegler

21 minute read

May 04, 2016 | New York Law Journal

In their Cooperatives and Condominiums column, Richard Siegler and Eva Talel write: Until the March 2016 decision in 'Reinhard v. Connaught Tower Corp.,' courts had generally afforded boards flexibility and tolerance in addressing secondhand smoke. The Connaught ruling, although it is currently being appealed, may mark a shift in such judicial forbearance, and therefore impact the obligations of boards to remediate secondhand smoke complaints.

By Richard Siegler and Eva Talel

20 minute read