MEDIATE YOUR CO-OP/CONDO RESIDENTIAL DISPUTE
Through the New York City Bar Co-op and Condo Mediation Program
Complimentary Continuing Education Program Presented by
Council of New York Cooperatives & Condominiums (CNYC Inc.)
July 30, 2014, at 6:30 to 8:30 PM at a Manhattan location.
Mediation is an informal, voluntary approach to settling disputes between owners, renters, boards, managing agents, contractors and others, facilitated by neutral mediators trained and experienced in assisting parties to resolve their disputes, out of court. It is quick, private, confidential and inexpensive. Moreover, its non-binding nature allows the participants to engage in the process without waiving any rights they may have to pursue judicial remedies in the event the mediation is not successful.
The City Bar’s Coop/Condo Residential Dispute Mediation Roster consists of a panel of neutral mediators who have received special training and have years of experience in facilitating the settlement of disputes through mediation. They also practice real estate law, which can be particularly helpful with issues relating to residential co-ops and condominiums., where, often the nature of the disputes, and the issues presented take on unique and emotional characteristics. Because of this, mediation is especially well suited to settling residential disputes between shareholders, unit owners, tenants and subtenants, boards and managing agents out of court.
Mediation is implemented by voluntary agreement or required by the co-op or condominium’s governing documents. It has been used with success to resolve many of the issues that arise in residential buildings, including noise, odors, smoke, pets, damage and repairs, assessments, violations of bylaws, leases subleases and House Rules, the payment and allocation of maintenance or common charges, and impermissible sublets and rentals.
BENEFITS: Your clients and boards will thank you for keeping the matter out of court. Most disputes brought to mediation result in an enforceable settlement agreement. Parties may, but need not, retain an attorney to attend the mediation. There is no “winner” or “loser”; rather, the parties, with the assistance of the mediator, work together toward a mutually acceptable outcome. The terms of settlements arrived at through mediation are confidential, more flexible, faster and suited to the parties’ needs than the decisions rendered by courts.
The Program is geared to Real Estate Professionals, Boards and Real Estate Lawyers. We know your time is valuable, so we will adhere to the following schedule:
7:00– 7:15 PM - Keynote and introduction to the Mediation Program
7:15 – 7:35 PM - Review of the various matters that have benefited from mediation
7:35 – 8:15PM - “Real Life” Role Play Mediation on a typical mediation session
8:15 - 8:30 PM - Debriefing of the lawyers, parties and mediator in the role play
8:30 – 9:00 PM - Q. and A. to the Panel members and Comment by attendees.
Faculty and Panelists
Program Chair: Michael P. Graff, Graff Dispute Resolution
Bruce A. Cholst, Rosen Livingston & Cholst LLP
Marianna L. Picciocchi, Kaufman, Friedman, Plotnicki & Grun, LLP
Steve Troup, Tarter Krinsky and Drogin, LLP
Please register by July 15 at firstname.lastname@example.org. Register early, as space is limited. Participants receive useful materials, including forms to implement the program.
CONDO GOVERNANCE STUDY
CNYC has agreed to help with a comparative study of condominium living and governance in New York City and Toronto being conducted by Professor Setha Low and the Public Space Research Group (PSRG) at the Graduate Center of CUNY. Research associates Jennifer Ortiz and Helen Panagiotopoulos are eager to interview unit owners and board members about their experiences of living in a condo. An interview takes about half an hour and includes general questions about condo life. If you would like to participate or to receive more detailed information about this exciting project, please reply to email@example.com, noting that you are replying to the CNYC posting. Thank you so much for your interest and participation.
CORRECTING MISINFORMATION WE SENT YOU
ABOUT ABATEMENT FORMS
Contrary to the memo we sent on Tuesday, the NYC Department of Finance is
every co-op or condo renew their benefits.
ONLY CERTAIN CONDO BOARDS MUST FILE BY FEBRUARY 18TH
The Department of Finance conducted a small audit of less than 1% of the
co-op/condo units and asked those unit owners to renew their benefits if the
unit is their primary residence. This required a new form, which is the
Condo Renewal Form. ONLY those condo units that received the audit letter
AND are eligible for the benefit must file.
In addition, condo boards can use this form to report changes in
eligibility, such as a commercial unit like a doctor's office that is
converted to a residential unit which the owner use as their primary
residence or a condo owner purchasing a four unit in the development, making
all four units ineligible.
The Condo reporting form has been revised so that there are only two
section, A and B. Section A should be completed by the condo owner and
Section B by the managing agent/board.
COOPERATIVES FILE AS IN THE PAST
As in years past, DoF is simply asking co-ops to correct any discrepancies
in the data in its Co-op Tax Benefit Letter, sent in December to the contact
entity for all participating cooperatives (usually the managing agent).
NOTE THAT co-op shareholders who recently received letters from DoF and
whose cooperatives are their primary residence must make sure that
management knows this and includes this information on the Correction form.
The Co-op Tax Benefit Change Form is due February 18, 2014 and it CAN be
signed by management.
Please accept our deepest apologies for our prior errors.
Forms and guidance can be found at:
GALLERY NOW ONLINE!
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