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Legal Resources: Articles

Condominium Meeting Minute Guidelines

This article will discuss policies and protocol for taking and retaining board meeting minutes. It will explain what must be included, what can be included, and what should not be included in minutes. Included should be information on who has access to full minutes, where and for how long records should be stored, etc. Questions to answer: Who should be taking minutes at Board meetings? Does it always work out that way, or does someone else (like the manager) end up

Read More »

Real Estate Legal Update 2018

By Howard Goldman –       I.            Introduction Changes resulting from the Tax Cuts and Jobs Act of 2018, may make this new tax year a true game changer for the real estate market.  Our update prepares you with an understanding of the key changes and how they affect the real estate market. Looking at buying a new property?  In the digital age, emails and texts can blur the lines between informal communications and a formal contract.  Follow the Five Commandments of

Read More »

Commercial Real Estate Leases: Planning Ahead for Early Termination

Long term leases of commercial real estate offer landlords a steady and reliable stream of income and provide tenants with an established business presence in a particular neighborhood. However, those benefits may be short lived in the event of an early termination of the lease. Early terminations are typically caused by tenants who default under lease provisions but they may also be caused by landlords who choose to sell the property during the term of the lease. This article will address

Read More »

Real Estate in the Digital Age

Preventing the Simple Email or Text from Becoming a Formal Contract I. Introduction Gone are the days when parties brokering a real estate transaction entered into a formal, written contract by first reaching for paper and ink. Today, a cell phone and a zealous broker is all that it may take to enter into a binding agreement. The ubiquity of technology has made communications via email and text message both convenient and now, with recent case law, potentially risky. In a

Read More »

Drones Take Off: What Condo Leaders Need to Know

By:  Howard S. Goldman, Esq. I. Introduction Drones are no longer the military robots or science fiction creations that we once imagined them to be. In fact, in 2016, according to the Consumer Technology Association, an estimated 3 million drones were purchased for use by hobbyists and businesses alike. Non-military drones are generally used either commercially or by hobbyists. All drone usage is regulated by the Federal Aviation Administration, or FAA, but hobbyists are only required to obtain a $5 registration,

Read More »

Condominium Insurance: Waiver of Subrogation

I. Introduction Imagine arriving home to your condominium after a long day of work, opening the door to your unit, and being confronted with several inches of standing water. You enter your unit to the sound of dripping and look up to see that the ceiling in your living room is completely saturated with water. Upon further investigation, you discover that a leaking water supply valve in your upstairs neighbor’s unit has caused the serious water damage. Who is responsible for

Read More »

Unit Owner Voting

Question:   For the annual meeting, there are seven people running for five positions. The management company sent a proxy to all owners and requested that it either be mailed to them or dropped in the mailbox in the building lobby. This mailbox is accessed by current board members and items reviewed. Is this ethical to have those members who are on the ballot, receiving them and reviewing them before the meeting? Answer:            Unit owner voting at annual or specially

Read More »

Required Deleading in Condominiums and Rental Properties

What Owners, Landlords, and Property Managers Need to Know By: Howard S. Goldman, Esq. While lead-based paint, having been banned in 1978, may seem like a distant memory for most of us, the presence of lead-based paint in older condominiums and apartment buildings poses some very real challenges for landlords and property managers today. The state and federal laws with respect to lead-based paint set up a strict set of rules for residential property owners and managers which must be adhered

Read More »

Estate Planning – Is it for you?

By Howard S. Goldman, Esq. Some people think that estate planning is only for wealthy individuals subject to large taxes. But minimizing estate tax liability is only one reason for estate planning. Consider these six additional reasons for completing an estate plan: 1. Determining who shall receive a share of your assets; 2. Deciding how and when your beneficiaries shall receive their inheritance; 3. Selecting an executor for your estate and a guardian for your children: 4. Providing for the orderly

Read More »

Occupancy Restrictions in Condominiums

When my wife and I bought our condominium a few years ago we had only one child. Now we have three kids and our condo board says that the bylaws limit the number of people in a unit to two per bedroom. While this is not the ideal situation for our family, we cannot afford to move to a bigger home at this time. My kids are small and they don’t cause any problems. Can the board enforce this bylaw and

Read More »

Condominium Meeting Minute Guidelines

This article will discuss policies and protocol for taking and retaining board meeting minutes. It will explain what must be included, what can be included, and what should not be included in minutes. Included should be information on who has access to full minutes, where and for how long records should be stored, etc. Questions to answer: Who should be taking minutes at Board meetings? Does it always work out that way, or does someone else (like the manager) end up

Read More »

Real Estate Legal Update 2018

By Howard Goldman –       I.            Introduction Changes resulting from the Tax Cuts and Jobs Act of 2018, may make this new tax year a true game changer for the real estate market.  Our update prepares you with an understanding of the key changes and how they affect the real estate market. Looking at buying a new property?  In the digital age, emails and texts can blur the lines between informal communications and a formal contract.  Follow the Five Commandments of

Read More »

Commercial Real Estate Leases: Planning Ahead for Early Termination

Long term leases of commercial real estate offer landlords a steady and reliable stream of income and provide tenants with an established business presence in a particular neighborhood. However, those benefits may be short lived in the event of an early termination of the lease. Early terminations are typically caused by tenants who default under lease provisions but they may also be caused by landlords who choose to sell the property during the term of the lease. This article will address

Read More »

Real Estate in the Digital Age

Preventing the Simple Email or Text from Becoming a Formal Contract I. Introduction Gone are the days when parties brokering a real estate transaction entered into a formal, written contract by first reaching for paper and ink. Today, a cell phone and a zealous broker is all that it may take to enter into a binding agreement. The ubiquity of technology has made communications via email and text message both convenient and now, with recent case law, potentially risky. In a

Read More »

Drones Take Off: What Condo Leaders Need to Know

By:  Howard S. Goldman, Esq. I. Introduction Drones are no longer the military robots or science fiction creations that we once imagined them to be. In fact, in 2016, according to the Consumer Technology Association, an estimated 3 million drones were purchased for use by hobbyists and businesses alike. Non-military drones are generally used either commercially or by hobbyists. All drone usage is regulated by the Federal Aviation Administration, or FAA, but hobbyists are only required to obtain a $5 registration,

Read More »

Condominium Insurance: Waiver of Subrogation

I. Introduction Imagine arriving home to your condominium after a long day of work, opening the door to your unit, and being confronted with several inches of standing water. You enter your unit to the sound of dripping and look up to see that the ceiling in your living room is completely saturated with water. Upon further investigation, you discover that a leaking water supply valve in your upstairs neighbor’s unit has caused the serious water damage. Who is responsible for

Read More »

Unit Owner Voting

Question:   For the annual meeting, there are seven people running for five positions. The management company sent a proxy to all owners and requested that it either be mailed to them or dropped in the mailbox in the building lobby. This mailbox is accessed by current board members and items reviewed. Is this ethical to have those members who are on the ballot, receiving them and reviewing them before the meeting? Answer:            Unit owner voting at annual or specially

Read More »

Required Deleading in Condominiums and Rental Properties

What Owners, Landlords, and Property Managers Need to Know By: Howard S. Goldman, Esq. While lead-based paint, having been banned in 1978, may seem like a distant memory for most of us, the presence of lead-based paint in older condominiums and apartment buildings poses some very real challenges for landlords and property managers today. The state and federal laws with respect to lead-based paint set up a strict set of rules for residential property owners and managers which must be adhered

Read More »

Estate Planning – Is it for you?

By Howard S. Goldman, Esq. Some people think that estate planning is only for wealthy individuals subject to large taxes. But minimizing estate tax liability is only one reason for estate planning. Consider these six additional reasons for completing an estate plan: 1. Determining who shall receive a share of your assets; 2. Deciding how and when your beneficiaries shall receive their inheritance; 3. Selecting an executor for your estate and a guardian for your children: 4. Providing for the orderly

Read More »

Occupancy Restrictions in Condominiums

When my wife and I bought our condominium a few years ago we had only one child. Now we have three kids and our condo board says that the bylaws limit the number of people in a unit to two per bedroom. While this is not the ideal situation for our family, we cannot afford to move to a bigger home at this time. My kids are small and they don’t cause any problems. Can the board enforce this bylaw and

Read More »
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