Updating fairness doctrine
Donovan Staley was charged with organized fraud, grand theft and the use of a phone to plan a crime, "Donovan Staley abused the trust of the condo directors and owners to line his own pockets," said State Attorney Katherine Fernandez Rundle at a news conference at the time.
"We want the community to know that the new law is going to make a difference."The Herald article indicates that authorities believe Staley asked an electrical firm working in the building to add ,000 to the invoice and remit it to him in exchange for the communitys future business.
Because courts have not yet ruled on cases involving the rebuttable presumption of conflicts of interest for community association officers/directors under the newly amended statute, association directors and property management should consult closely with highly qualified and experienced legal counsel regarding the specifics of their circumstances.
Recognizing that your neighbor may be hearing the same type of commotion coming from your unit may provide a different perspective.
Bear in mind that anyone can get carried away with an occasional party that runs late, or a loud action film after midnight.
Is your right to "peaceful possession" of your unit being infringed upon?
If you live in a condominium building, quite possibly your answer is "yes." A recurring complaint that our firms other community association attorneys and I receive from condominium unit owners is that they are able to hear their neighbors through shared walls, floors and ceilings, followed by the frustration of feeling as if they have no recourse.
This same approach also works for political signs during election season, and it is the type of compromise that can enable associations to avoid confrontations while still maintaining an adequate level of control over the use of signs in accordance with their rules.