May 01, 2013 | New York Law Journal
The 2013 Tax Abatement StatuteIn their Cooperatives and Condominiums column, Richard Siegler, of counsel to Stroock & Stroock & Lavan, and Eva Talel, a partner at the firm, address the important changes made by the 2013 amendments to the previous abatement program, their impact on apartment owners and the challenges created for owners, boards and managers by the manner in which the Department of Finance has determined to implement the 2013 amendments.
By Richard Siegler and Eva Talel
14 minute read
July 03, 2013 | New York Law Journal
Subletting in Co-ops: Continuing Challenge for BoardsIn their Co-ops and Condominiums column, Richard Siegler, of counsel to Stroock & Stroock & Lavan, and Eva Talel, a partner at the firm, write that co-op proprietary leases generally restrict and may even prohibit subletting, and courts have generally upheld such restraints as reasonable, in furtherance of the co-op's objectives
By Richard Siegler and Eva Talel
13 minute read
January 03, 2013 | New York Law Journal
Pet Issues Revisited: Questions Raised on Support PetsIn their Cooperatives and Condominiums column, Richard Siegler and Eva Talel of Stroock & Stroock & Lavan write: While boards have little difficulty granting waivers of "no-pet" rules to blind individuals who require seeing-eye service dogs, boards do not always know how to respond to owners who claim to have impairments or conditions that require a pet in order to enjoy the use of their apartment. Further, courts and administrative tribunals have given conflicting messages as to what an owner must establish in order to keep a support pet.
By Richard Siegler and Eva Talel
14 minute read
June 29, 2012 | New York Law Journal
Compulsive Hoarding by Owners Presents a Challenge for BoardsIn their Cooperatives and Condominiums column, Stroock & Stroock & Lavan's Richard Siegler and Eva Talel discuss Collyer's conditions, which can create serious health and safety concerns for an apartment's occupant and neighbors, case law governing a board's ability to terminate a tenancy because of such hoarding, and why a board should first reach out to a responsible friend or relative or a state or city agency when a tenant is discovered to have Collyer's Syndrome.
By Richard Siegler and Eva Talel
13 minute read
September 01, 2010 | New York Law Journal
Protecting Board Members From Personal LiabilityIn their Cooperatives and Condominiums column, Richard Siegler and Eva Talel, partners at Stroock & Stroock & Lavan, write that although statutes can protect co-op and condominium board members from personal liability, statutory protection must be included as part of the governing documents. Similarly, insurance coverage can offer protection, but it must be purchased and its terms complied with.
By Richard Siegler and Eva Talel
17 minute read
November 03, 2010 | New York Law Journal
Avoiding the Risks of E-Mail ContractsIn their Cooperatives and Condominiums column, Stroock & Stroock & Lavan partners Richard Siegler and Eva Talel discuss a recent First Department decision that represents the most expansive appellate analysis by a New York court to date of when and how e-mail exchanges relating to real property transactions can become contracts.
By Richard Siegler and Eva Talel
11 minute read
September 07, 2011 | New York Law Journal
Duties and Liabilities of Managing AgentsIn their Cooperatives and Condominiums column, Richard Siegler and Eva Talel of Stroock & Stroock & Lavan discuss how a managing agent's duties and the manner in which the agent is expected to fulfill them should be detailed in a well-crafted management agreement, and, because it is unlikely that such an agreement will address every aspect of the parties' relationship, how the common law of agency supplements the agreement.
By Richard Siegler and Eva Talel
12 minute read
November 04, 2009 | New York Law Journal
Cooperatives and CondominiumsRichard Siegler, a partner in Stroock & Stroock & Lavan and an adjunct professor at New York Law School, and Eva Talel, a partner at Stroock and an adjunct professor at Cardozo Law School, write that the potential enforceability of commitments made in text messages, e-mail and other forms of electronic communication, as well as the potential loss of confidentiality and the attorney-client privilege when using electronic communications, requires vigilance by co-op and condominium boards in the use of such communications. At the same time, electronic communications have great potential to facilitate board governance and communication with apartment owners by providing flexibility and rapid dissemination of information.
By Richard Siegler and Eva Talel
14 minute read
July 06, 2011 | New York Law Journal
Warranty of Habitability Updated: Mold, Bedbugs, Lead Paint, LeaksIn their Cooperatives and Condominiums column, Richard Siegler and Eva Talel of Stroock & Stroock & Lavan write: Courts in New York are prepared to apply the warranty of habitability to address novel and evolving conditions such as bedbug infestations as well as more traditional conditions such as leaks. It is therefore important that boards and their managing agents respond promptly and diligently to notice of warranty-implicating conditions, investigate and remediate such conditions and comply with relevant federal and local laws.
By Richard Siegler and Eva Talel
13 minute read