TOP REAL ESTATE LEGAL ISSUES: WHAT’S TRENDING NOW “Kaufman” Language The Importance of Applying Legislative Changes to Existing Documents In the last few years, case law has determined that certain statutory language (i.e., the safe harbor provision) is not enforceable by associations when the association’s governing documents were recorded prior to the date that the...Read More
TOP REAL ESTATE LEGAL ISSUES: WHAT’S TRENDING NOW Zombies are fictional “undead” beings created from the reanimation of a human corpse popular in movies and on television. Unfortunately, many community associations are now finding themselves dealing with “Zombie Homes.” A “Zombie Home” is created by a lender which begins but does not complete a foreclosure...Read More
TOP REAL ESTATE LEGAL ISSUES: WHAT’S TRENDING NOW December 31, 2016: Deadline for Fire Sprinkler Opt Out Highrise condominium associations that have not opted out of the fire sprinkler retrofitting requirements face an upcoming December 31 deadline. Existing, high rise residential buildings were originally required to be retrofitted with an automatic safety or engineered life...Read More
TOP REAL ESTATE LEGAL ISSUES: WHAT’S TRENDING NOW With many former delinquent unit owners foreclosed out and replaced by paying owners, community associations are generally doing better financially than several years ago. It is critical, however, to maintain a sound collections strategy. This means monitoring payments by unit owners and putting any new delinquencies into...Read More
TOP REAL ESTATE LEGAL ISSUES: WHAT’S TRENDING NOW What is the difference between an emotional support animal and a trained service dog? While both are referred to as assistance animals, service animals and emotional support animals are defined and dealt with differently under federal laws. A service animal is defined narrowly under the Americans with...Read More
TOP REAL ESTATE LEGAL ISSUES: WHAT’S TRENDING NOW Can a condo or co-op board enforce non- smoking rules upon an individual homeowner or renter? Smoking regulations are becoming more and more common, as are monetary judgments and precedent setting cases. Managing partner, Dennis J. Eisinger, is at the legal forefront on the smoking vs. nonsmoking...Read More
TOP REAL ESTATE LEGAL ISSUES: WHAT’S TRENDING NOW The Airbnb Controversy Controlling short term rentals can be very difficult for community associations, co-ops and HOAs; especially with the proliferation of internet commerce sites like Airbnb. Community associations commonly, and justifiably, have some sort of rental restrictions in their governing documents ranging from outright bans to...Read More
By Alessandra Stivelman “Service Animals” and “Emotional Support Animals” are defined and dealt with differently under federal law. It is really important for an association to understand the difference, as there are restrictions imposed by federal law in regards to what an association is authorized to demand from the individual making a request for a...Read More
