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News & Resources

Condominium Association Liens and Foreclosures in New York

Posted July 7, 2017 in Community Association Law

In the state of New York, as in other states, homeowner associations (HOAs) and condominium associations (COAs) are entitled to demand dues and specific payments relating to different services — known as assessments — that are necessary for administration, maintenance, and the carrying out of various other association responsibilities.  Assessments are the lifeblood of an HOA/COA.  Without such financial support, the association cannot perform its functions adequately.

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When an Assignee is considered a “mortgagee in possession”

Posted June 12, 2017 in Community Association Law

An Appellate Division case, Woodlands Cmty. Ass’n v. Mitchell, 2017 N.J. Super LEXIS 67, was published on June 6, 2017. The court considered whether a lender’s assignee that takes possession of a condominium unit when the mortgagor defaulted on the loan, is considered a “mortgagee in possession” of the unit when the assignee winterizes and changes the locks and therefore responsible for the payment of the condominium fees and assessments. The Court held that winterizing the unit and changing the locks are “minimal actions” and do not deem the lender a “mortgagee in possession.”

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Parking Enforcement Rules and Rights- When is it permissible to tow?

Posted June 12, 2017 in Community Association Law, Landlord/Tenant Law

It is well known that parking can be an especially frustrating problem for individuals living in community settings, especially in apartments and condominium associations. Whenever action is taken against wrongfully parked vehicles, there is bound to be an emotional reaction. Accordingly, it is essential for communities to have enforceable and effective rules and regulations in place regarding the towing of illegally parked vehicles in order to avoid potential litigation.

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The Duty to Mitigate as a Commercial Landlord

Posted May 29, 2017 in Landlord/Tenant Law

As a landlord — commercial or residential — the possibility of a tenant prematurely vacating the property and leaving you with no immediate financial recourse for obtaining rental payments can be rather frightening.  Certainly, this difficult situation can be remedied somewhat by keeping the security deposit and working with an attorney to file a claim against the delinquent tenant for the remaining unpaid rent and various other unpaid charges.

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New York City Commercial Tenant Harassment Law

Posted May 26, 2017 in Landlord/Tenant Law

Midsummer of last year, New York City Mayor Bill de Blasio signed a new bill that prohibits landlords from engaging in commercial tenant harassment.  The bill was codified into law – the “Non-Residential Tenant Harassment” law – and became effective as of September 26, 2016. 

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