New England Condominium September 2019
P. 1

September  2019       NEWENGLANDCONDO.COM  Removing a disruptive, abusive, non-  paying, or otherwise problematic tenant   from a rental building is relatively easy.   Doing the same thing in a co-op is also   possible, though substantially harder. But   removing a condo owner from the prem-  ises (and effectively wiping out his or her   equity position as a member of the con-  dominium association) is very difficult   indeed, and subject to very narrow legal   interpretation – yet is doable under cer-  tain circumstances.   While theoretically a co-op sharehold-  er could be evicted for non-monetary is-  sues (prolonged patterns of harassment;   ceaseless petty litigation against neigh-  bors or the cooperative corporation; and   criminal activity are a few examples), the   same is virtually impossible in a condo-  minium setting. Condominiums are pure   real estate, not shares in a corporate enti-  ty. As a matter of fact, from a legal stand-  point, even the word ‘eviction’ cannot be   used relative to removing a condo owner,   though  it  can  be  applied  to  removing  a   rental tenant in a condominium unit—a   point we will return to later. The closest   we can come to a legally recognizable   term for this type of action is a removal.  Generally  speaking, points  of law on   this subject are consistent from state to   state with only slight variations. The im-  portant distinctions relate to whether the   person being removed is the owner of a   unit, or that owner’s tenant. In both cases,   laws are consistent on the most basic mat-  ters. Some states’ statutes have slightly   differing approaches and nuances, a point   we will return to later.  Removing a Condo Owner  Julie Schechter is a partner at Arm-  strong Teasdale, a law firm based in New   continued on page 6   While the ‘Green   New Deal’  and other   long-term climate solu-  tions are being debated   at the federal level,   some states  and mu-  nicipalities are getting   in on the action as well,   setting legal emissions   benchmarks that will   have a real impact on   the lives of multifamily   community residents –   including those in co-  ops, condos, and HOAs.   For example, New   York City passed the   Climate  Mobilization  Act in May of 2019, set-  ting emission caps on   buildings larger than   25,000 square feet be-  ginning in 2024, with   the goal of an 80 percent reduction in total emissions by 2050 – the year scientists warn   will be a point of no return if we fail to drastically reduce carbon emissions and curb   climate change.  Writing for   The New York Law Journal  , William D. McCracken, a partner with the   New York City-based law firm Ganfer Shore Leeds & Zauderer, makes the case that at-  torneys are well-situated to help association boards understand – and abide by – emis-  sions standards that may seem intimidating at first. He notes in the piece: “Lawyers   are fiduciaries, and they have an obligation to help their clients avoid a nightmare sce-  nario wherein a building fritters away the next few years \[and then\] finds itself seeking   a building permit behind 37,000 other properties, using unproven or incompetent pro-  fessionals because its preferred choices were fully booked long ago, and incurs million-  dollar fines year upon year.”  New England Condominium   spoke with McCracken about the responsibilities of   attorneys outside of New York City in regard to their clients’ energy emissions; their   general ability to act as climate stewards; and the root of his own personal interest in   environmental issues. We also checked in with other attorneys to discuss what they feel   their roles will be in all of this going forth.  Community associations are micro-  cosms of democracy, run by an elected   board of volunteers trusted to make good   decisions on behalf of the community as   a whole. Boards make the call on every   large and small issue for their constitu-  ency. So it’s not only imperative that these   members are carefully vetted and select-  ed, but that during transitions of power   from one board to the next, members   with more experience help ease in the   newcomers to shorten the learning curve   and smooth the transition.   Board transitions usually happen after   elections at the annual association meet-  ing (often in smaller communities, the   same people will be elected or appoint-  ed to the board year after year, which in   the absence of formal term limits is not   necessarily a bad thing). But they can   also take place when a board of owners   or shareholders in a new development   takes the reins from the sponsor or land-  lord. There are nuances unique to these   individual scenarios, but all involve new   members acclimating to their roles and   relying on the expertise of those who pre-  ceded them.  Continuity Is Key  It’s pretty rare to see the constitution   of a community association board change   completely from one election to the next.   Unless there’s major upheaval – usually as   a result of some type of scandal – at least   a  few  board members will  be  holdovers   from the previous administration.  “A staggered board tends to work   best,” says Claudine Gruen, Vice Presi-  dent at Garthchester Realty, which has   offices in Forest Hills and Scarsdale, New   York. “In many buildings, the same board   remains year after year, as the members   all seek re-election. In my opinion, you   want at least a majority of board mem-  bers to return so that they can catch up   new shareholders, as well as any first-  time members. Those new members can   also review monthly reports and minutes   from the previous year in order to bet-  ter understand what the prior board had   The Advocate  New England Condominium: Outside of the passing of the   Climate  Mobilization  Act,  what  compelled  you  to  consider   attorneys’ involvement in environmental issues, on behalf of   their clients?  William McCracken: “I worked on the environmental law   journal in law school, so my interest in the area goes back years. I   Climate Legislation   and Emissions Issues   How Attorneys Can Advise Boards   BY MIKE ODENTHAL  Removing a   Condominium Owner  A Complex Legal Process  BY A J SIDRANSKY  Board   Transition   Switching Smoothly From   Old Board to New   BY MIKE ODENTHAL  205 Lexington Avenue, NY, NY 10016 • CHANGE SERVICE REQUESTED  continued on page 6   continued on page 9   THE CONDO, HOA & CO-OP RESOURCE  CONDOMINIUM  NEW ENGLAND


































































































   1   2   3   4   5