Real Estate Archives - Page 5 of 6 - Neufeld O'Leary & Giusto

NEW DISCLOSURE AND REPORTING REQUIREMENTS FOR NEW YORK COOPERATIVE AND CONDOMINIUM BOARD MEMBERS

The New York State Legislature recently enacted a law which requires members of cooperative or condominium boards to disclose any transactions in which they have an interest to all shareholders or unit owners. Both the New York Business Law (with new Section 727) and the New York Not-for-Profit Corporation Law (with new Section 519-a) now … Read more

What to Do If Zoning Law Changes Affect Your Construction Plans

Zoning law changes can have a significant impact on plans that owners may have for their property. If the zoning code is modified to prohibit a use that was previously permissible, the property may continue to be used in the same way if it is a prior non-conforming use. However, that may not help an … Read more

Let the Broker Beware – A Breach of Your Duty of Undivided Loyalty Will Cost You Your Commission

New York law provides that brokers have a duty of undivided loyalty in a real estate transaction and as such, they must disclose and get consent of the parties if they are working as a dual agent. A recent decision by the New York Appellate Division First Department demonstrates that courts take this rule seriously … Read more

What Co-Op Owners Should Know About Challenging the Adoption of New House Rules

Most cooperative corporations (“co-ops”) issue House Rules which are generally adopted by the Co-Op Board and must be followed in addition to those obligations set forth in the Proprietary Lease. Co-op owners (or shareholders) are generally provided with a copy of the newly adopted House Rules by the managing agent. Many owners don’t realize that … Read more

Access to Neighbor’s Property for Repairs and Improvements

When properties are close together, it can be difficult to repair or make improvements to your own property without accessing a neighbor’s property. Particularly within New York City, you will often be required to place protective structures on your neighbors’ property in order to get a permit. While the best solution to obtain access is to negotiate directly with your neighbors, what if negotiations fail? How can you still gain entry to the other property?

Buying a Home with All Cash? Additional Disclosure Requirements May Apply

In an effort to combat money laundering, the U.S. Treasury Department requires additional disclosures in certain types of real estate transactions. First passed in March 2016, the disclosure requirements apply to a non-individual (corporation, LLC or partnership) who purchases a residential property for “all cash.” The rules were recently renewed and apply at least through … Read more

Has the government “taken” your property with too many regulations?

Under the Federal (and most state) constitutions, the government cannot “take” private property for public use without just compensation. Historically, this meant physically seizing or intruding upon all or part of your property and is often referred to as “eminent domain”. But takings are not necessarily physical. They can result from government regulations restricting the use of your property. It can be difficult to determine when the regulations go so far that they constitute a taking and require compensation.

When It’s Just Too Much: Limits on Fees Charged by a Zoning Board of Appeals

As many property owners may know, zoning restrictions can have a significant impact on how a property can be used and improved. A zoning board of appeals (“ZBA”) is an independent board whose decisions impact a landowner’s property rights and can frequently affect the value of the property. Municipalities have authority to charge fees for the ZBA’s functions. However, there are limits on such fees of which landowners should be aware.

Buying or Selling Real Estate on Long Island? Expect More Fees in 2017

Nassau and Suffolk counties are again attempting to raise revenue, this time targeting real estate transactions. Those buying or selling real estate on Long Island or looking to borrow funds should be aware of the following new and increased fees:

Suffolk County Mortgage Verification Fee. Effective January 1, 2017, there is a $300.00 charge at the time of filing of any “mortgage related documents.” It appears that this fee, which would be paid by the Borrower, would apply to mortgages, assignments of mortgage, subordination agreements, home-equity line of credit documents, satisfactions of mortgage and consolidation, extension and modification agreements (CEMAs), all of which are recorded in mortgage books of record (Libers).

Beware of Zoning Changes: Protecting Your Non-conforming Use

Local zoning codes established by a town, village, or city control and establish what you can do with your property, as well as the size and boundaries of structures. Those codes can change over time, resulting in potential problems for property owners. This is increasingly an issue for many owners as localities look to prohibit certain uses of property because of growing concerns of conservation, exposure risks, etc. However, owners are often protected from a change that makes a pre-existing use illegal because they are considered to have a “prior non-conforming use.”

News & Insights