March 02, 2016 | New York Law Journal
Enforceability of Board-Adopted Fines and Fees, RevisitedIn their Cooperatives and Condominiums column, Richard Siegler and Eva Talel write: Fines and sublet leasing fees are important mechanisms by which co-op and condominium boards encourage compliance with rules and regulations, manage the size of a building's transient rental population, and generate revenue to offset maintenance increases or capital expenditures. However, for these fines and fees to be effective, boards must ensure that courts will not strike them down if challenged by an owner.
By Richard Siegler and Eva Talel
15 minute read
January 06, 2016 | New York Law Journal
'Levandusky' After 25 Years: Business Judgment Rule Deference ContinuesIn their Cooperatives and Condominiums column, Richard Siegler and Eva Talel review recent cases showing that 'Levandusky' is still widely applied to give deference to a broad range of board actions, along with the circumstances where 'Levandusky' is not applied, such as discrimination claims, breaches of contract and where the condominium or co-op's operating documents require the board not to act unreasonably.
By Richard Siegler and Eva Talel
14 minute read
January 05, 2016 | New York Law Journal
'Levandusky' After 25 Years: Business Judgment Rule Deference ContinuesIn their Cooperatives and Condominiums column, Richard Siegler and Eva Talel review recent cases showing that 'Levandusky' is still widely applied to give deference to a broad range of board actions, along with the circumstances where 'Levandusky' is not applied, such as discrimination claims, breaches of contract and where the condominium or co-op's operating documents require the board not to act unreasonably.
By Richard Siegler and Eva Talel
14 minute read
November 04, 2015 | New York Law Journal
Laws and Practices on Annual Meeting MinutesIn their Cooperatives and Condominiums column, Richard Siegler and Eva Talel write: The 2015 annual meeting season for co-ops and condominiums has largely come to a close. Now, managers and their counsel must decide what to do regarding the annual meeting minutes. The law offers limited guidance and leaves open questions regarding not only what should be done with annual meeting minutes, but even whether they are legally required at all.
By Richard Siegler and Eva Talel
10 minute read
November 03, 2015 | New York Law Journal
Laws and Practices on Annual Meeting MinutesIn their Cooperatives and Condominiums column, Richard Siegler and Eva Talel write: The 2015 annual meeting season for co-ops and condominiums has largely come to a close. Now, managers and their counsel must decide what to do regarding the annual meeting minutes. The law offers limited guidance and leaves open questions regarding not only what should be done with annual meeting minutes, but even whether they are legally required at all.
By Richard Siegler and Eva Talel
10 minute read
September 02, 2015 | New York Law Journal
Collecting Delinquent Payments From Apartment OwnersIn their Cooperatives and Condominiums column, Richard Siegler and Eva Talel write: Given the heightened regulation of debt collection practices in recent years, the recurring problem of collecting delinquent maintenance or common charge payments may present challenges.
By Richard Siegler and Eva Talel
14 minute read
September 01, 2015 | New York Law Journal
Collecting Delinquent Payments From Apartment OwnersIn their Cooperatives and Condominiums column, Richard Siegler and Eva Talel write: Given the heightened regulation of debt collection practices in recent years, the recurring problem of collecting delinquent maintenance or common charge payments may present challenges.
By Richard Siegler and Eva Talel
14 minute read
July 01, 2015 | New York Law Journal
Tax Treatment of Condominiums—Under and Outside IRC §528In their Cooperatives and Condominiums column, Richard Siegler and Eva Talel discuss the conditions that a condominium association must meet in order to qualify as a homeowners association under IRC §528, the tax-motivated reasons why a condominium association or board may choose not to elect §528 treatment, and what the tax consequences may be for a condominium association or board electing to be outside of (or not eligible for) the benefits of §528.
By Richard Siegler and Eva Talel
10 minute read
June 30, 2015 | New York Law Journal
Tax Treatment of Condominiums—Under and Outside IRC §528In their Cooperatives and Condominiums column, Richard Siegler and Eva Talel discuss the conditions that a condominium association must meet in order to qualify as a homeowners association under IRC §528, the tax-motivated reasons why a condominium association or board may choose not to elect §528 treatment, and what the tax consequences may be for a condominium association or board electing to be outside of (or not eligible for) the benefits of §528.
By Richard Siegler and Eva Talel
10 minute read
May 06, 2015 | New York Law Journal
Updated Procedures for Issuing and Selling New SharesIn their Cooperatives and Condominiums column, Richard Siegler and Eva Talel review the procedures to be followed for the issuance and sale of new shares and discuss the potential adverse impact on a co-op and its shareholders' continued eligibility to take certain tax deductions—because the issuance of new shares can result in the loss of such tax benefits—and how to prevent such a loss.
By Richard Siegler and Eva Talel
11 minute read
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