Sept. 2, 2008: Read a new buyers' article every Monday — When we last visited the issue of whether a plaintiff can claim personal injury as a result of mold or a damp indoor environment (Habitat January 2007, "Apartment Mold and Dampness"), we reported the case of Fraser v. 301-52 Townhouse Corp. Since then, the plaintiffs were unsuccessful in what the legal system calls a "reargument." More significantly, two other cases concerning mold have appeared in New York State courts. Although neither concerns a co‑op or a condominium, a review of them can be instructive for both apartment-buyers and building boards facing this evolving issue. Read More »

Welcome to our online section that helps you find your dream co-op or condo. Just look in here for a sampling of recent sales and selected listings by brokers in the New York City metropolitan area, and check out what's available in your preferred locale and price range. Read More »

The co-op board approval process may seem simple or complex, depending on the board, but one thing is certain: It's all about whether you're going to be a good fit for the building, both financially and personally. "It's a crap shoot," admits Peter Lehr of Kaled Management. "Is that person going to be an ideal shareholder or is that person going to be a nightmare?" Read More »

You're the woman in an unmarried couple looking to buy a co-op apartment. During the board's admission interview, one member turns to you and asks, "How old are you? Do the two of you intend to marry? If you have children, will you continue working as a lawyer after they are born?" Now here's one more question: Was the board allowed to ask any of those things? Read More »

The problem was the layout of the property. Constructed in 1928, the co-op at 941 Park Avenue contains mostly duplexes. The downstairs rooms of each sit next to the upstairs rooms of the ones next door. Over the years, families would argue over who had a greater right to the elevator vestibule that the duplexes shared on each floor. The board eventually crafted a house rule in 1983, specifying that the owner whose downstairs rooms opened into a vestibule can to control that vestibule: decorate it, receive visitors and packages. The owners next door, whose upstairs rooms opened to the same vestibule, could only use that vestibule for family members coming and going.

That should have ended the problem. But then the Moores moved into 2A in 1997 and the Brauns into 1B in 1998. And the fights started almost immediately. Read More »

Co-op/condo boards and their shareholders or unit-owners may never actually face the decades-long run of Jarndyce vs. Jarndyce, the seemingly endless lawsuit in Charles Dickens' Bleak House. But sometimes, it can feel like it. For both sides, serious litigation can be a budget-busting and morale-destroying experience.

That's why some boards suggest arbitration. It's comparatively simple, but beware: Its decision is, legally, the final word. Read More »

Is a co-op board responsible for repairs to an enclosed, greenhouse terrace installed by a previous tenant when it becomes uninhabitable because of leaks? Not according to Joan Messner v. 112 East 83rd Tenants Corp., in which the tenant, not the co-op, was held responsible for repairs — largely because she hadn't understood, or accepted, some very important facts in engineering and other documents before buying. Read More »

Four years ago, my partner and I signed a contract to buy a two-bedroom co-op apartment in a small, self-managed brownstone in Brooklyn. Although the place needed some work, the neighborhood was fantastic, and the four-unit building boasted amenities like private storage in the basement and two common outdoor spaces. We had a twinge of concern about what our new neighbors might be like, especially since there would be so few and all served on the board. Read More »

When a court ruled in 2005 that a New York City co-op could not impose subletting rules that weren't provided for in the proprietary lease, it left open a provision that autocratic boards, as well as board members with vendettas, could abuse. If you own a co-op and want to sublet it, here's information you need to know. Read More »

It sounds like an oxymoron: "limited common element." So, let's see .... it belongs to the whole condominium, but the whole condominium can't use it. It's for one unit-owner's private use, but he or she doesn't own it. If this were a dance, it'd be the limbo. And in one example of where competing rights clash, a New York court ruled that a condo owner could not install a satellite dish on his patio — despite a federal rule that prohibits interfering with a property-owner's rights to get TV signals! Read More »