Law.com Subscribers SAVE 30%
Call 855-808-4530 or email [email protected] to receive your discount on a new subscription.
Co-ops and Condominiums
Board Lacked Authority to Mandate Replacement of In-Unit Windows
Mangold v. Board of Managers of Meadow Court Condominium2025 WL 676733
AppDiv, First Dept.
(memorandum opinion)
In an action by condominium unit owner to declare an amendment to the bylaws void, to enjoin window replacement work, and to declare an agreement between the board and the window contractor void, the condominium board appealed from Supreme Court’s grant of summary judgment to the unit owner. The Appellate Division modified to hold the agreement with the contractor void only with respect to unit owner’s unit, but otherwise affirmed, holding that the board acted beyond its authority.
The condominium board instituted a policy requiring all unit owners to replace their in-unit windows even though the condominium’s declaration deemed the window part of the individual units. The board concluded that the windows were inefficient and had outlived their useful life, while at the same time acknowledging that the windows in unit owner’s unit were in good condition. Unit owner brought an action challenging the board’s decision, and Supreme Court awarded summary judgment to unit owner, declaring the contract between the condominium and the window contractor void and enjoining additional work on the windows. The condominium appealed.
Major Differences In UK, U.S. Copyright Laws
This article highlights how copyright law in the United Kingdom differs from U.S. copyright law, and points out differences that may be crucial to entertainment and media businesses familiar with U.S law that are interested in operating in the United Kingdom or under UK law. The article also briefly addresses contrasts in UK and U.S. trademark law.
The Article 8 Opt In
The Article 8 opt-in election adds an additional layer of complexity to the already labyrinthine rules governing perfection of security interests under the UCC. A lender that is unaware of the nuances created by the opt in (may find its security interest vulnerable to being primed by another party that has taken steps to perfect in a superior manner under the circumstances.
Strategy vs. Tactics: Two Sides of a Difficult Coin
With each successive large-scale cyber attack, it is slowly becoming clear that ransomware attacks are targeting the critical infrastructure of the most powerful country on the planet. Understanding the strategy, and tactics of our opponents, as well as the strategy and the tactics we implement as a response are vital to victory.
The Stranger to the Deed Rule
In 1987, a unanimous Court of Appeals reaffirmed the vitality of the "stranger to the deed" rule, which holds that if a grantor executes a deed to a grantee purporting to create an easement in a third party, the easement is invalid. Daniello v. Wagner, decided by the Second Department on November 29th, makes it clear that not all grantors (or their lawyers) have received the Court of Appeals' message, suggesting that the rule needs re-examination.
Legal Possession: What Does It Mean?
Possession of real property is a matter of physical fact. Having the right or legal entitlement to possession is not "possession," possession is "the fact of having or holding property in one's power." That power means having physical dominion and control over the property.