Richard Siegler

March 05, 2002 | New York Law Journal

I n contrast to cooperative housing corporations, where transfers are governed by personal property rules that give a boardwide discretion to approve transfers, a condominium board has limited control over prospective owners. The condominium is designated by law as real estate; as a result, restraints on the transfer of condominium units are limited. 1 The common control technique is for the bylaws of a condominium to provide a right of first refusal for the board to become the purchaser of proposed unit sa

By Richard Siegler

14 minute read

March 02, 2005 | New York Law Journal

Richard Siegler, a partner in the firm of Stroock & Stroock & Lavan and an adjunct professor at New York Law School, and Eva Talel, also a partner at the firm, write that in a controversial landmark decision, the New York Court of Appeals validated a co-op's right to terminate a proprietary lease for objectionable conduct based on a shareholder vote.

By Richard Siegler And Eva Talel

12 minute read

July 02, 2008 | New York Law Journal

Richard Siegler, a partner at Stroock & Stroock & Lavan and an adjunct professor at New York Law School, and Eva Talel, a partner at Stroock and chairperson of the Cooperatives and Condominium Law Committee of the New York City Bar Association, write that although noise is a reality of modern urban living, it is also considered the leading quality of life issue in New York City, and so, after nearly 40 years, the New York City Noise Control Code was amended, effective July 1, 2007.

By Richard Siegler and Eva Talel

13 minute read

March 09, 2011 | New York Law Journal

In their Cooperatives and Condominiums column, Richard Siegler and Eva Talel, partners at of Stroock & Stroock & Lavan, discuss the lack of New York cases dealing specifically with greenhouses in condominiums and, in an effort to avoid litigation, suggest procedures for boards and managers to follow when unit owners seek to erect terrace structures.

By Richard Siegler and Eva Talel

10 minute read

July 06, 2005 | New York Law Journal

Richard Siegler and Eva Talel, partners with Stroock & Stroock & Lavan, write that mold litigation in New York has left co-op and condominium boards and managers uncertain as to whether they have a duty to anticipate a mold condition in an apartment when water damage occurs, as well as the measure of potential liability for personal injuries posed by this relatively new type of tort claim.

By Richard Siegler and Eva Talel

15 minute read

January 04, 2006 | New York Law Journal

Richard Siegler, a partner at Stroock & Stroock & Lavan and an adjunct professor at New York Law School, and Eva Talel, also a partner at the firm, write that while condo owners were relieved when the First Department held last year that unit owners are not personally liable for injuries caused by a defective condition in a building's common elements, that relief may be short-lived.

By Richard Siegler and Eva Talel

12 minute read

April 30, 2002 | New York Law Journal

W here cooperative housing corporations and condominium associations have attempted to assert third-party beneficiary rights to enforce performance or warranty rights under construction and design contracts between developers and contractors, architects and engineers, results have been inconsistent. These results have left co-op and condominium entities with inadequate remedies, especially if the developer becomes insolvent or has inadequate resources to correct construction defects. With the increasing num

By Richard Siegler And Eva Talel

12 minute read

January 03, 2007 | New York Law Journal

Richard Siegler and Eva Talel, partners at Stroock & Stroock & Lavan, write that although boards may ban pets from their buildings, they must exempt service animals for physically disabled occupants. Increasingly, they are also being asked to waive no-pet policies by able-bodied residents who wish to keep pets for psychologically therapeutic purposes. As the popularity of such pets increases, boards may be uncertain of the legal obligations they owe to residents who want to keep such animals.

By Richard Siegler and Eva Talel

14 minute read

November 05, 2008 | New York Law Journal

Richard Siegler, a partner at Stroock & Stroock & Lavan and an adjunct professor at New York Law School, and Eva Talel, a partner at the firm, write that the resurgence of bedbugs is presenting a challenge for co-op and condominium boards: Is the apartment owner or the board responsible for eradicating an infestation?

By Richard Siegler and Eva Talel

14 minute read

September 01, 2004 | New York Law Journal

Richard Siegler and Eva Talel, partners in the firm of Stroock & Stroock & Lavan, write that special meetings initiated by shareholders or unit owners can play a role in the governance of a co-op housing corporation or condominium association by allowing owners to voice their views, put forward proposals and present complaints to management without having to wait for an annual meeting.

By Richard Siegler And Eva Talel

12 minute read