September 03, 2008 | New York Law Journal
Cooperatives and CondominiumsIn 2007, two significant tax developments riveted the normally quiet world of housing cooperatives. The first occurred on July 30, 2007, when the Treasury Department revived concerns over co-op tax liability under Subchapter T (Subchapter T) of the Internal Revenue Code of 1986, as amended (the code), by publishing Form 1120-C, U.S. Income Tax Return for Cooperative Associations (New Form 1120-C). The other major development was the Dec. 20, 2007 enactment of the Mortgage Forgiveness Debt Relief Act of 2007 (the act), which includes liberalized requirements for qualification as a "cooperative housing corporation" under �216 of the code.
By Richard Siegler and Eva Talel
14 minute read
May 02, 2007 | New York Law Journal
Cooperatives and CondominiumsRichard Siegler, a partner at Stroock & Stroock & Lavan and an adjunct professor at New York Law School, and Eva Talel, also a partner at Stroock, write that increasingly, condominiums are acting like co-ops in order to obtain greater control over apartment transfers. However, without a court ruling on the lawfulness of these provisions, it is uncertain whether condominiums have crossed the line and enacted provisions which constitute unreasonable restraints on alienation.
By Richard Siegler and Eva Talel
12 minute read
May 05, 2003 | New York Law Journal
Cooperatives and CondominiumsBy Richard Siegler And Eva Talel
7 minute read
May 06, 2009 | New York Law Journal
Cooperatives and CondominiumsRichard Siegler, a partner at 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, review cases demonstrating that judicial deference continues to be given to co-op and condominium board decisions and challenges to the same summarily dismissed unless a shareholder or unit owner can demonstrate that a board acted in a manner that was not in the best interest of the co-op or condominium, outside the scope of its authority, or in bad faith.
By Richard Siegler and Eva Talel
13 minute read
January 06, 2010 | New York Law Journal
Cooperatives and CondominiumsRichard Siegler, a partner at 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, discuss recent appellate decisions that have upheld the enforceability of apartment alteration agreements, including provisions permitting suspension of unauthorized work, recoupment of costs and attorney's fees incurred by co-ops and condominiums, and indemnification for damages.
By Richard Siegler and Eva Talel
13 minute read
May 04, 2011 | New York Law Journal
'Levandusky' at 21: Board Protection ContinuesIn their Cooperatives and Condominiums column, Richard Siegler and Eva Talel of Stroock & Stroock & Lavan review recent decisions that illustrate courts' continued deference to co-op and condominium boards, unless the apartment owner establishes that the board acted in bad faith, without authority, or not in furtherance of the condominium's or co-op's legitimate interests.
By Richard Siegler and Eva Talel
11 minute read
November 07, 2007 | New York Law Journal
Cooperatives and CondominiumsRichard Siegler and Eva Talel, partners at Stroock & Stroock & Lavan, ask: Who is responsible when a package addressed to a resident is accepted by a co-op or condominium building, but never reaches its intended recipient? Who is responsible when a resident places property in the building's storage area when it subsequently cannot be found?
By Richard Siegler and Eva Talel
15 minute read
May 05, 2010 | New York Law Journal
Installing Security Cameras in Common AreasIn their Cooperatives and Condominiums column, Richard Siegler and Eva Talel, partners at Stroock & Stroock & Lavan, write that whether it is a board or an apartment owner that wishes to install security cameras in common areas, the board must address two questions: does the board have the legal authority to do so and, if so, what procedures should the board follow?
By Richard Siegler and Eva Talel
13 minute read
January 12, 2009 | New York Law Journal
Cooperatives and CondominiumsRichard Siegler, a partner at Stroock & Stroock & Lavan and an adjunct professor at New York Law School, and Eva Talel, a partner at Stroock, examine the liability condominium boards may face when they fail to timely exercise or waive the right of first refusal and make recommendations to boards and managers regarding how to prevent or mitigate such exposure while preserving a board's opportunity to exercise its rights.
By Richard Siegler and Eva Talel
13 minute read
March 03, 2003 | New York Law Journal
Cooperatives and CondominiumsBy RICHARD SIEGLER AND EVA TALEL
11 minute read