Tuesday, August 9, 2022
Tuesdays at Main Beach LIVE! "Click Here"
Subscribe to Guide
No Result
View All Result
Hamptons.com
  • Live Cameras
    • All Live Cameras
    • Live! Weather Cams
    • 39A Corner
    • Main Beach
    • South Ferry
    • Coopers Beach
    • Southampton Village (South)
    • Southampton Village (North)
    • Southampton Village (Hildreths)
    • Downtown Circle Montauk
    • Long Island Aquarium | Shark Tank
    • Long Island Aquarium | Coral Reef
    • Tiana Beach
    • Ponquogue Beach
    • Ponquogue Bridge
    • Shinnecock Fishing Dock
    • Village Main Street
    • Downtown Sag Harbor
    • Windmill Beach Sag Harbor
    • Foster Memorial Beach
    • Conscience Point Marina
  • Public WiFi
  • Happening
    • Arts
    • Community
    • Dining
    • Entertainment
    • Kids
    • Recreation
    • Real Estate
    • Events Calendar
    • Post an Event
    • Gallery
    • Spotlight
  • Real Estate
    • Open Houses
    • Search Sales
    • Search Rentals
    • Recorded Sales
    • Title Insurance
  • Live Cameras
    • All Live Cameras
    • Live! Weather Cams
    • 39A Corner
    • Main Beach
    • South Ferry
    • Coopers Beach
    • Southampton Village (South)
    • Southampton Village (North)
    • Southampton Village (Hildreths)
    • Downtown Circle Montauk
    • Long Island Aquarium | Shark Tank
    • Long Island Aquarium | Coral Reef
    • Tiana Beach
    • Ponquogue Beach
    • Ponquogue Bridge
    • Shinnecock Fishing Dock
    • Village Main Street
    • Downtown Sag Harbor
    • Windmill Beach Sag Harbor
    • Foster Memorial Beach
    • Conscience Point Marina
  • Public WiFi
  • Happening
    • Arts
    • Community
    • Dining
    • Entertainment
    • Kids
    • Recreation
    • Real Estate
    • Events Calendar
    • Post an Event
    • Gallery
    • Spotlight
  • Real Estate
    • Open Houses
    • Search Sales
    • Search Rentals
    • Recorded Sales
    • Title Insurance
No Result
View All Result
Hamptons.com

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

John A. Viteritti by John A. Viteritti
November 12, 2020
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.”

Previous Post

Surgeons Of Hope Host Virtual Celebrating Our Heart Heroes Gala

Next Post

INTERVIEW: Underwater Photographer Chris Leidy On His New Photography Book, “The Coral Triangle,” Top Spots To Capture, Dream Destinations And More

John A. Viteritti

John A. Viteritti

John is a St. John's University graduate, licensed Real Estate Broker, DOS Certified Instructor, and real estate consultant. He previously taught at NYU, LIU, and The Cook Maran Real Estate School, which he helped found.

Next Post
INTERVIEW: Underwater Photographer Chris Leidy On His New Photography Book, “The Coral Triangle,” Top Spots To Capture, Dream Destinations And More

INTERVIEW: Underwater Photographer Chris Leidy On His New Photography Book, "The Coral Triangle," Top Spots To Capture, Dream Destinations And More

ADVERTISE

SEARCH ARTICLES

No Result
View All Result

Categories

  • Arts (2,180)
  • Community (1,935)
  • Dining (814)
  • Entertainment (985)
  • Featured (305)
  • Gallery (2,154)
  • Kids (52)
  • Real Estate (652)
  • Recreation (1,605)
  • Spotlight (38)
  • Sixty/Something: Solid Gold Rent

My first full-time year in the Hamptons started as a weekend and lasted a decade. I paid rent to a host of folks thinking I’d be moving back to NYC. Somehow the east end helped me transition to a very happily remarried east end guy.

This tale all started with me, a divorced dad having a fateful ride to Joe Shaw’s home as a favor to pick up a deposit on his sailboat. That day ended with me buying his sailboat. It was an on the spot spur of the moment epiphany moment. I knew nothing about sailboats or east end bays.

Read the full article at Hamptons.com (Link in Bio) #hamptons #community
  • Bideawee Animal Rescue: “Stay Awhile”

It’s been more than two years since the start of the pandemic where there was a significant increase in animal adoptions, known as the “pandemic puppy craze.” Now, animal shelters across the country have been experiencing a lull in adoptions.

Bideawee is one of the country’s oldest and most respected animal welfare and pet adoption organizations. They have locations in New York City, Wantagh, and Westhampton, and they are encouraging the community to consider bringing a deserving and lovable pet into their home. @bideawee

Read the full article at Hamptons.com (link in Bio) #bideawee #adoption #animaladoption #adoptdontshop #community
  • A Perfect Blend of Classic Southampton History and Luxurious Modern Design

A very rare find in the heart of Southampton Village this stylish gated farmhouse built in 1800 is a seamless synthesis of historic features and 21st century finishes, furnishings and amenities. Transformed by Bremer Designs, its owner, with a complete renovation, the home has true character. Wide plank pine floors and original fireplaces speak to the home’s history, while central air, updated electric and many other upgrades provide up to the minute amenities all expressed with the owner’s impeccable style. No detail has been left unconsidered and the workmanship is of the finest quality. @hamptonsrealestate @djida_oppenheim

Read the full article at Hamptons.com (Link in Bio) #southampton #realestate #hamptonsrealestate #luxuryrealestate #saunders #hamptons
  • Growing Up Getty Book Publication Celebration at Canoe Place Inn

On Friday evening, July 29th  the beautifully restored Canoe Place Inn in Hampton Bays was the setting for a celebration of the publication of Growing Up Getty: The Story of America’s Most Unconventional Dynasty by James Reginato. Hamptons.com spoke with the author about his background and his new book. Mr. Reginato has a distinguished career in publishing, having been with Vanity Fair Magazine for 15 years. Previously, he served as features editor of W Magazine. @canoeplace @jamesnreginato

Read the full article at Hamptons.com (Link in Bio) #author #hamptonbays #hamptons #canoeplace
  • As Local as It Gets, Sundaes on Main Now Open

You may have noticed a new frozen yogurt shop opened on Main Street in Bridgehampton. At first glance, you think surely it must be an NYC business making a run for Hamptons customers. How wrong you would be—”Sundaes on Main” is as local as it gets. @sundaes_on_main

Read the full article at Hamptons.com (Link in Bio) #frozenyogurtshop #sundaes #sundaesonmain #bridgehampton #local #hamptons
  • Hope for Depression Research Foundation Launches ‘Week of Hope’

The Week of Hope was created by HDRF in 2018 as a kick-off to the annual Race of Hope 5K to Defeat Depression but has been on hiatus since the start of the pandemic in 2020.  The balloons will be up from July 27 through August 6th, culminating with the Race of Hope on Sunday, August 7th. Celebrity Grand Marshal Candace Bushnell will join Co-Grand Marshals Audrey Gruss and HDRF Board member and East Hampton resident Arthur Dunnam, as they lead participants around Lake Agawam at 8:30 AM. @hope_hdrf

Read the full article at Hamptons.com (Link in Bio) #weekofhope #5k #mentalhealth #hamptons
Facebook Twitter Instagram Youtube
Hamptons.com

Saunders Broadcasting Corp.

Phone: 631-405-3902
Email: [email protected]
Facebook: Facebook.com/HamptonsOnline
Twitter: @Hamptons
Instagram: @HamptonsOnline

Contact Us

Happening in the Hamptons

  • Arts
  • Community
  • Dining
  • Entertainment
  • Featured
  • Gallery
  • Kids
  • Real Estate
  • Recreation
  • Spotlight

Subscribe

Get daily news updates to your inbox!

Subscribe to our mailing list to receives daily updates!

© 2021 Hamptons.com | All rights reserved
Saunders Broadcasting Corp.
Terms & Conditions | Privacy Policy | Contact Us

No Result
View All Result
  • Live Cameras
    • All Live Cameras
    • Live! Weather Cams
    • 39A Corner
    • Main Beach
    • South Ferry
    • Coopers Beach
    • Southampton Village (South)
    • Southampton Village (North)
    • Southampton Village (Hildreths)
    • Downtown Circle Montauk
    • Long Island Aquarium | Shark Tank
    • Long Island Aquarium | Coral Reef
    • Tiana Beach
    • Ponquogue Beach
    • Ponquogue Bridge
    • Shinnecock Fishing Dock
    • Village Main Street
    • Downtown Sag Harbor
    • Windmill Beach Sag Harbor
    • Foster Memorial Beach
    • Conscience Point Marina
  • Public WiFi
  • Happening
    • Arts
    • Community
    • Dining
    • Entertainment
    • Kids
    • Recreation
    • Real Estate
    • Events Calendar
    • Post an Event
    • Gallery
    • Spotlight
  • Real Estate
    • Open Houses
    • Search Sales
    • Search Rentals
    • Recorded Sales
    • Title Insurance

© 2021 Hamptons.com | All rights reserved
Saunders Broadcasting Corp.
Terms & Conditions | Privacy Policy | Contact Us