Disclaimer: The information provided on this page is for general informational purposes only and does not constitute legal advice. Reading these FAQs does not create an attorney-client relationship between you and Ward & Rafter, LLP. Every legal matter is unique, and the answers above may not apply to your specific situation. You should not act or refrain from acting based on any information on this website without first consulting a licensed attorney. If you have a legal question, please contact us to discuss your matter.
Condominium & HOA Boards
How do we enforce bylaws against a unit owner who refuses to comply?
Enforcement typically begins with written notices citing the specific bylaw violations. If the unit owner doesn't comply, the board can bring an enforcement action in court seeking an injunction and, in some cases, monetary damages. For common charge arrears, the board can also place a lien and potentially foreclose. We help boards navigate the enforcement process while minimizing conflict and protecting the community's interests.
Can our board restrict short-term rentals like Airbnb?
Yes, boards generally have the authority to restrict or prohibit short-term rentals through bylaw amendments or house rules. However, the specific language matters, and enforcement requires proper procedures. New York law also imposes restrictions on short-term rentals. We can help your board implement effective short-term rental restrictions.
A unit owner hasn't paid common charges in months. What are our options?
The board can place a lien on the unit for unpaid common charges and, if necessary, foreclose on that lien. You can also pursue a collection action in court for a money judgment. The best approach depends on the amount owed, the owner's circumstances, and the board's objectives. Early action is important because unpaid common charges affect the entire community.
Do we need board approval to amend our bylaws?
Bylaw amendments typically require both board approval and unit owner approval, with specific voting thresholds set forth in your existing bylaws and the Condominium Act. The exact requirements depend on your governing documents. We can review your bylaws, advise on the required procedures, and help draft amendments that comply with all legal requirements.
How often should our board meet with legal counsel?
This varies by community. Some boards benefit from regular quarterly meetings with counsel to address ongoing issues and ensure compliance. Others prefer as-needed consultation. At minimum, boards should consult counsel before taking significant enforcement actions, amending governing documents, entering major contracts, or handling disputes with unit owners or vendors.
Are board members personally liable for board decisions?
Generally, board members who act in good faith and within the scope of their authority are protected from personal liability. However, this protection is not absolute. Board members can face liability for gross negligence, bad faith, or violations of fiduciary duties. Proper directors and officers liability insurance is essential. We help boards understand their fiduciary duties and make decisions that minimize liability risk.
Landlord-Tenant Law
How long does a typical holdover proceeding take in Richmond County Housing Court?
The timeline varies depending on the specific circumstances and whether the tenant contests the proceeding. An uncontested case might resolve in a few weeks, while a contested case can take several months. Rent-stabilized cases often take longer due to additional procedural requirements. We work to resolve cases as efficiently as possible while protecting your rights.
Can I evict a tenant for nonpayment if the apartment is rent-stabilized?
Yes, landlords can bring nonpayment proceedings against rent-stabilized tenants, but strict compliance with rent-stabilization regulations is required. This includes proper lease forms, correct rent amounts, timely registration with DHCR, and proper notice procedures. Any violations of rent-stabilization laws can be raised as defenses by the tenant. We help ensure your case is properly positioned for success.
What is the difference between a holdover and a nonpayment proceeding?
A nonpayment proceeding is brought when a tenant owes rent. The primary remedy is a money judgment for unpaid rent and, if the tenant doesn't pay, a warrant of eviction. A holdover proceeding is brought for reasons other than nonpayment, such as lease expiration, lease violations, unauthorized occupancy, or owner-use, and the remedies and procedures differ between these types of cases.
My tenant is illegally subletting the apartment. What can I do?
Illegal subletting is a lease violation that can be grounds for a holdover proceeding. You'll need to gather evidence of the illegal sublet (which may include surveillance, neighbor statements, and documentation) and serve proper notices. For rent-stabilized apartments, there are specific procedural requirements. We can help you build a strong case and navigate the legal requirements.
How much does it cost to bring a Housing Court case?
Legal fees vary depending on the complexity of the case and whether it's contested. We offer transparent pricing and can discuss fee structures during your consultation. Court filing fees and service costs are additional. Many landlords find that having experienced representation ultimately saves money by avoiding costly mistakes and achieving faster resolutions.
The tenant claims I violated rent-stabilization laws. What should I do?
Take these claims seriously. Rent-stabilization violations can result in rent reductions, penalties, and dismissed cases. Contact an attorney immediately to review the tenant's claims and your rent history. Many alleged violations can be addressed, but early legal intervention is important.
Working with Ward & Rafter
Do you offer virtual consultations?
Yes, we offer virtual consultations for clients throughout New York State. Virtual meetings allow us to serve clients efficiently while accommodating their schedules and preferences.
How do your fees work?
Our fee structures vary depending on the type of case and client preferences. We offer hourly billing, flat fees for certain matters, and other arrangements. We provide transparent fee agreements and discuss costs upfront during your consultation. Our goal is to provide excellent legal services at fair, reasonable rates.
Do you only serve Staten Island clients?
While Staten Island is our home and the focus of our practice, we serve clients throughout New York State. Our extensive experience in Richmond County courts gives us particular insight into Staten Island legal matters, but we're equipped to handle cases across New York.
How quickly can you respond to urgent legal matters?
We understand that legal issues often require quick action. We strive to respond to new client inquiries within 24 hours and prioritize urgent matters. For existing clients, we're readily accessible and responsive to time-sensitive issues.
What should I bring to my first consultation?
Bring any relevant documents related to your legal matter, including leases, court papers, contracts, correspondence, photos, or other evidence. Even if you are not sure what is relevant, bring what you have. We'll review everything and identify what matters for your case. For virtual consultations, you can share documents electronically.
Still Have Questions?
If you don't see your question answered here, we're happy to discuss your specific situation during a consultation.