HOAleader.com - Tip of the Week - April 8, 2016
Published: Fri, 04/08/16
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Judge Holds Co-Op Responsible for Migrating Cigarette Smoke
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In this week’s tip, we report on a case in New York that’s either alarming or so unusual there’s no sense worrying about it.
In it, a judge ruled in favor of—and awarded a gob of money to—a woman who bought a co-op unit in 2006 but never moved in because she claimed smoke from nearby units permeated her unit and made it uninhabitable. The defendant? Her co-op.
Here are the facts. Susan Reinhard bought an apartment in the Connaught Tower co-op in New York City in 2006, reports Habitat. She never moved in because, she alleged in her lawsuit, cigarette smoke from nearby unit residents invaded her unit. She claimed that made the unit uninhabitable and sued the co-op for maintenance fees she apparently paid while not living in the unit from 2007 to the date the lawsuit was resolved.
Arthur Engoron, a New York state judge, ruled in Reinhard’s favor, awarding not just the maintenance fees Reinhard was seeking but also interest and attorneys fees. The total: More than $120,000. Engoron’s reasoning: “This court...is only saying that if you want to avail yourself of the right to rent out residences, you assume the obligation to insure that your tenants are not forced to smell and breathe carcinogenic toxins.”
We weren’t able to secure access to the opinion, it’s not clear why the judge used language related to renters and tenants, when Reinhard reportedly owned the unit.
While this opinion is a bit shocking at first glance, Nathaniel Abbate Jr., a partner at Makower Abbate & Associates PLLC in Farmington Hills, Mich., who represents associations, believes it’s an anomaly. Read why—and find out what’s next in the seemingly never-ending battle over smoking—in our new article: http://www.hoaleader.com/members/1351.cfm
Best regards,
Matt Humphrey
President
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Rentals in Your HOA or Condo Getting You Down?
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Recent articles posted at HOAleader.com:
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New York Decision on Smoke-Smelling Condo Unit: A Siren or an Outlier?
A New York state judge has ruled in favor of--and awarded a gob of money to--a woman who bought a co-op unit in 2006 but never moved in because she claimed smoke from nearby units permeated her unit and made it uninhabitable. The defendant? Her co-op.
Click here to read full article:
http://www.hoaleader.com/members/New-York-Decision-on-Smoke-Smelling-Condo-Unit-Siren-or-Outlier.cfm
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How to Prevent a Takeover and Quick Death of Your HOA
That headline sounds ominous, but sadly, it describes an actual possibility in many states. In this week's tip, we talk about how it happens and how to prevent it.
An Arizona community association has been taken over by investors, according to the ABC15 News Phoenix report, and it's not the first time this has happened in the state. In early March, the city's Jamestown Condominiums became the target of an investment group. Eventually, it acquired 80 percent of the units in the community and began sending notice to the remaining owners that the association was being terminated and they had to vacate.
Click here to read full article:
http://www.hoaleader.com/public/How-Prevent-Takeover-Quick-Death-Your-HOA.cfm
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Rentals in Your HOA or Condo Getting You Down?What HOA Boards Need to Know About Regulating Rentals
Rentals are one of the toughest issues to control at HOAs, and they've become even more difficult to oversee now that websites like Airbnb and VRBO have caught fire, facilitating short term rentals for home owners. What's a responsible HOA or condo board to do?
Join us for a must-attend webinar on April 28 on how to create a smart--and enforceable--rental policy at your HOA. You'll hear two community association lawyers with decades of hands-on experience in advising associations share their best advice.
Click here to read full article:
http://www.hoaleader.com/products/rentals-in-your-hoa-a.cfm
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Warning: Your State May Let Investors Take Over and Kill Your HOA
You may have heard that during the recession, investors were buying residential property in bulk. Turns out, some are now using their leverage to shut down existing HOAs under state laws that permit such tactics.
Click here to read full article:
http://www.hoaleader.com/members/Warning-Your-State-May-Let-Investors-Take-Over-Kill-Your-HOA.cfm
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Your HOA Should Be in the Movies! Promoting It Through Video
In this week's tip, we talk about a small trend, but one that's growing: HOAs creating a video to showcase their community.
Is it a smart idea? Or does it go beyond the scope of an association's mission?
Click here to read full article:
http://www.hoaleader.com/public/Your-HOA-Should-Be-in-Movies-Promoting-It-Through-Video.cfm
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