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November 12, 2020

Co-ops And Condos – The Coronavirus And The Right To Privacy

John A. Viterittiby John A. Viteritti
in Real Estate
Home Real Estate

The impact of COVID-19 on real estate sales and rentals has received wide attention, not so much with respect to its effect on cooperative and condominium shareholders and unit owners.

Before we start to delve into this subject, we must first call attention to “the business judgment rule” that recognizes the right of the boards of directors of co-ops and the boards of managers of condominiums to make business judgments that the boards determine are in the interest of their shareholders and unit owners. The recognition of this authority is embedded in the April 5, 1990 New York Court of Appeals decision, Levandusky v. One Fifth Avenue Apartment Corporation, and the May 23, 2002 Appellate Division First Department New York ruling in 40 West 67th Street v. Pullman.

In an article published in the New York Law Journal on October 2, 2020, authored by Ira B. Matetsky and William A. Joskal, attorneys with the law firm Ganfer Shore Leeds & Zauderer, they state: “There are many unanswered questions concerning whether and to what extent privacy rights will be enforced in New York against cooperatives, condominiums, and other property owners and management entities who hold confidential information about shareholders and unit owners.”

Matetsky and Joskal address many right to privacy issues beyond those related to the current COVID-19 illness, which is the focus of this article. With respect to COVID-19 issues, they say: “The board and building management may become aware of the resident’s COVID-19 illness or exposure from a variety of sources, but most often from the resident him or herself.” They then pose the question: “Should the board inform the other residents that one of their neighbors is sick?” They go on to say: “The consensus has evolved that residents should be told that someone in the building has tested positive, and reminded to use the appropriate precautions such as mask-wearing and social distancing, but that the specific name and apartment of the sick resident should not be disclosed.”

Matetsky and Joskal further expand the scenario. “But what if a shareholder or unit owner were to demand the names of people in the building known to have COVID-19 illness …and make a books and records demand for the information? It is likely that the courts would allow a board to withhold this information to protect the privacy of the residents’ medical information, but as yet there are no cases on the issue.”

Another interesting set of circumstances raised by the authors pertain to boards restricting access to the buildings by non-residents, such as housekeepers, child-care workers, real estate brokers, and movers, or requiring visitors to answer questions about their health, etc. They offer the following opinion: “These restrictions would ordinarily seem quite intrusive, but most people would find them more acceptable given the crisis that New York has faced and the threats to public health. Moreover, such measures may be defensible based on the executive orders and official New York State guidelines…”

They conclude their article with the following advice: “Ultimately, many unanswered questions remain concerning whether and to what extent privacy rights will be enforced in New York against cooperative, condominiums, and other property owners and management entities. When asked to disclose information that a reasonable person might expect to keep confidential, the holder of the information is well-advised to consult with legal counsel to balance what may be competing obligations to the subject of the information and to the person requesting it.”

It is also the case that some shareholders and unit owners are unable to pay their maintenance and common charges, making it difficult for coops and condos to meet their operating costs. The problem is exacerbated when their commercial tenants affected by loss of income can’t pay the rent.

None of these problems are happening in a vacuum. As Aristotle is quoted as saying: “The whole is greater than the sum of its parts.”

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LOCAL EVENTS

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ARF’s Stroll to the Sea Dog Walk

October 11 @ 09:00 AM - October 11 @ 12:00 PM
Mulford Farm, 10 James Lane, East Hampton, NY
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Family Drip Painting Workshop

October 11 @ 10:00 AM - October 11 @ 11:30 AM
830 Springs Fireplace Rd, East Hampton, NY 11937
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Free Family Fun: 26th Annual Long Pond Greenbelt Celebration

October 11 @ 10:00 AM - October 11 @ 01:00 PM
SOFO Museum, 377 Bridgehampton/Sag Harbor Turnpike
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Oct
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CMEE’S Big Birthday Bash!

October 11 @ 10:00 AM - October 11 @ 12:00 PM
376 Bridgehampton-Sag Harbor Turnpike, Bridgehampton, NY 11932
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Chowdah Chowdown – to benefit Springs Food Pantry

October 11 @ 12:00 PM - October 11 @ 03:00 PM
Springs Tavern and Grill, 15 Fort Pond Blvd, East Hampton, NY 11937
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  • Grab your furry friend and take a stroll to Main Beach with ARF!

Check out the Top Hamptons Events This Weekend!

🐾 ARF’s Stroll to the Sea Dog Walk
📅 When: Saturday, October 11, 2025 | 9AM–12PM
📍 Where: Mulford Farm, 10 James Lane, East Hampton, NY

Enjoy vendors, contests, and giveaways before strolling to Main Beach.

🥣 Chowdah Chowdown
📅 When: Saturday, October 11, 2025 | 12PM–3PM
📍 Where: Springs Tavern and Grill, 15 Fort Pond Blvd, East Hampton, NY

All-you-can-eat chowder and soup from 20 local chefs, plus live music and a mocktail bar — all to benefit the Springs Food Pantry!

🍺 SagtoberFest
📅 When: Sat, Oct 11 – Sun, Oct 12, 2025 | 12PM–8PM
📍 Where: Kidd Squid, 11 Spring St, Sag Harbor, NY

Celebrate Oktoberfest Sag Harbor–style! Enjoy bratwurst, pretzels, oysters, pumpkin stew, and live music by Jon Divello, Woody Boley, Greg McMullen & Jake Lear.

🎬 33rd Hamptons International Film Festival
📅 When: Thurs, Oct 9 – Mon, Oct 13, 2025 | 9AM–10PM
📍 Where: Various Locations

The 33rd edition of HIFF brings a world-class lineup of narrative and documentary films, features, and shorts from around the globe. 

🍪 Levain Bakery: Book Talk & Signing
📅 When: Saturday, October 11, 2025 | 12PM–1PM
📍 Where: BookHampton, 41 Main Street, East Hampton, NY

Meet Levain Bakery cofounders Pam Weekes & Connie McDonald and grab their new book.

🌿 26th Annual Long Pond Greenbelt Celebration
📅 When: Saturday, October 11, 2025 | 10AM–1PM
📍 Where: SOFO Museum, 377 Bridgehampton–Sag Harbor Tpk, Bridgehampton, NY

Enjoy games, crafts, guided walks, face painting, and ice cream!

🎉 CMEE’s Big Birthday Bash!
📅 When: Saturday, October 11, 2025 | 10AM–12PM
📍 Where: SOFO, 376 Bridgehampton–Sag Harbor Tpk, Bridgehampton, NY

Join for crafts, treats, dance, and play!

🛋️ Hub Home Grand Opening Party & Open House
📅 When: Friday, October 10, 2025 | 6PM–9PM
📍 Where: HUB Home, 2183 Montauk Hwy, Bridgehampton, NY

Celebrate the grand opening of HUB Home, a curated consignment shop with luxury furnishings, art, and décor.

Check out more events at Hamptons.com (Link in Bio)
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#hamptons #arf #community #stephentalkhouse #dining #hamptonsfilmfestival
  • The 33rd Hamptons International Film Festival kicked off last Friday with the U.S. premiere of A24’s Eternity starring Elizabeth Olsen, Miles Teller, and Callum Turner.⁠
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Elizabeth Olsen attended the premiere on Friday, and on Saturday sat down with IndieWire’s Editorial Director Kate Erbland at the Sag Harbor Cinema as a part of the festival’s “A Conversation With” series. Later that day, the second “A Conversation With” took place as Ethan Hawke and moderator Alison Stewart talked about Blue Moon, as well as Hawke’s filmography. ⁠
⁠
Sydney Sweeney received the festival’s Achievement in Acting Award following the U.S. premiere of her film Christy in East Hampton. ⁠
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Notable Guests included: Alessandro Nivola, Alec Baldwin, Amanda Peet, Tonatiuh, Miriam Shor, Lois Smith, Tim Blake Nelson, Mareille Enos, Bob Balaban, E. Jean Carroll, Roberta Kaplan, Ellen Barkin, Bernie Telsie, Bill Condon.⁠
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📸: Jess Dalene⁠
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Check out the full gallery at Hamptons.com (Link in Bio)⁠
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#hiff #hamptonsinternationalfilmfestival #film #elizabetholsen #sydneysweeney #hamptons #hamptonsfilm⁠
  • When: Fri, Oct 3rd – Sun, Oct 5th, 2025
8am – 5pm

Where: Levain Bakery, 354 Montauk Hwy, Wainscott, NY

Levain Bakery is introducing a new cookie for a limited time: Peanut Butter Dark Chocolate Chip – a decadent mix of creamy and chunky peanut butter with rich dark chocolate chunks. Originally created to celebrate the opening of Levain’s Beverly Hills Bakery, this indulgent new flavor will now be available for just three days only, October 3–5, at all retail bakery locations.

To make the weekend even sweeter, guests who purchase a cookie will receive a Levain Bakery mini tote (while supplies last), a fan-favorite collectible sure to go quickly.

#levain #levainbakery #cookie #minitote #tote #hamptons
  • From world premieres at the Hamptons International Film Festival to SouthamptonFest! ⁠
⁠
Check out the Top Hamptons Events This Weekend!⁠
⁠
🎬 33rd Hamptons International Film Festival⁠
📅 Oct 3 – 13, 2025 | 9AM – 10PM⁠
📍 Various Locations⁠
A global lineup of films, shorts & documentaries.⁠
⁠
🍪 Levain Bakery⁠
📅 Oct 3 – 5, 2025 | 8AM – 5PM⁠
📍 354 Montauk Hwy, Wainscott⁠
Try the Peanut Butter Dark Chocolate Chip cookie + snag a mini tote (while supplies last).⁠
⁠
🎉 13th Annual SouthamptonFest⁠
📅 Oct 3 – 5, 2025 | 10AM – 7PM⁠
📍 Southampton Village⁠
Arts, culture, food & family fun all weekend long!⁠
⁠
🎶 SpringsFest⁠
📅 Oct 4, 2025⁠
📍 1 Parsons Pl, East Hampton⁠
Live music, raffles, crafts, blacksmith demos & more.⁠
⁠
💃 Salsa Social @ The Clubhouse Hamptons⁠
📅 Oct 4, 2025 | 9PM – 11:30PM⁠
📍 East Hampton⁠
Dance the night away w/ DJ Chile & more!⁠
⁠
🐚 34th Annual Largest Clam Contest⁠
📅 Oct 5, 2025 | 12PM – 3PM⁠
📍 Amagansett Life Saving Station⁠
Taste clam chowder, clam pies & cheer on the winners!⁠
⁠
🎷 East Meets West Jazz Jam Session⁠
📅 Oct 5, 2025 | 2PM – 5PM⁠
📍 Southampton Cultural Center⁠
Free community jazz jam – all are welcome.⁠
⁠
🌕 Full Hunter’s Super Moon Hike⁠
📅 Oct 6, 2025 | 6:30PM – 7:30PM⁠
📍 SOFO Museum Parking Lot⁠
Guided evening hike under the moonlight.⁠
⁠
✨ Which event are you most excited for?⁠
⁠
Check out more events at Hamptons.com (Link in Bio)⁠
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#hamptons #hamptonsinternationalfilfestival #hiff #jazz #fullmoon #hike #film #levainbakery #community
  • So many fun fall activities in the Hamptons 🎃

@fairviewfarmatmecox 
@corwithsfarmstand 
@milkpailfarmorchard 

Check out our fall guide at Hamptons.com (Link in Bio)

#hamptons #fall #applepicking🍎 #pumpkin #maze #pettingfarm
  • As summer winds down and the cool breezes of fall approach, jewelry enthusiasts and fashion lovers alike are looking for the latest seasonal trends. Yael Fraynd, founder and president of Yaya Publicity, offers an insider’s perspective on what to expect this fall — especially for those embracing the chic lifestyle of the Hamptons.⁠
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Looking ahead to fall, Fraynd described the evolving styles with enthusiasm. For fall, expect to see bold statement pieces, rich gemstone colors like orange and a playful mix of metals. ⁠
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She also noted the influence of pop culture on jewelry trends, including celebrities like Taylor Swift, who is recently engaged, saying, “It could also be just, you know, with Taylor Swift, who has such a big effect on what people like.”⁠
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On the seamless transition from summer to fall styles, she observed, “In the summer, you see a bit of Western-inspired pieces, and I think that they really do kind of transition into fall really nicely. ⁠
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@yayapublicity⁠
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Read the full article at Hamptons.com (Link in Bio) ⁠
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#fall #falltrend #falljewelry #hamptons⁠
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